Legal Opinion

Esterby v. Justice Court

Montana Supreme Court

Decided April 30, 1953No. 9175PublishedCited by 2 opinions

1Opinion of the Court

ME. JUSTICE ANGSTMAN:

The determinative question presented by this appeal is whether the court had jurisdiction to enter the judgment appealed from. This in turn depends upon whether the affidavit of imputed bias and prejudice on the part of the judge was timely filed.

The facts are these: Defendant Catlin, a practicing photographer in Missoula, filed a criminal complaint in' the defendant justice court against plaintiff Esterby, charging him with, practicing photography without a license.

Before the ease was brought to trial in the justice court, Esterby, admitting that he has no license to…

2Cases cited3 opinions

  1. In Re Woodside-Florence Irr. Dist.Montana Supreme Court · 1948
  2. State ex rel. Jacobs v. District CourtMontana Supreme Court · 1914
  3. Evans v. Oregon Short Line R. R.Montana Supreme Court · 1915

3Cited by2 opinions

  1. Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
  2. Mead v. MeadMontana Supreme Court · 1958

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