State ex rel. Whiteside v. First Judicial District Court
Montana Supreme Court
Application by the State, on the relation of Fred White-side, for a writ of certiorari to review the action of the district court of Lewis and Clarke county in releasing George L. Bamsey on a writ of habeas corpus. Statement oe the Case. Original application for writ of certiorari.
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Application by the State, on the relation of Fred White-side, for a writ of certiorari to review the action of the district court of Lewis and Clarke county in releasing George L. Bamsey on a writ of habeas corpus. Statement oe the Case. Original application for writ of certiorari. On September 20, 1899, an action was pending in the district court of Silver Bow county, in which the relator herein, as plaintiff, sought to recover from the .Miner Publishing Company and others damages for an alleged libel. On that day notice was given by plaintiff, under the provisions of Section 3342 of the…
1Opinion of the CourtChief Justice Brantly
1. As was declared in State ex rel. King et al. v. District Court of Second Judicial Dist. 24 Mont. 494, 62 Pac. 820, under *553a proper construction of Section 1941 of the Code of Civil Procedure there are three indispensable requisites to the granting of the writ: (1) Excess of jurisdiction in the court making the order complained of; (2) absence of the right of appeal; and (3) lack of any plain, speedy,- and ádequate remedy other than certiorari. Under the Constitution (Article VIII, Section 11) and the provisions of the Penal Code, (Sections 2740, 2742,) the witness Ramsey, had the right to…
2Cases cited50 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Styles v. TylerSupreme Court of Connecticut · 1894
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Hyatt v. AllenCalifornia Supreme Court · 1880
45 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Plumb v. Fourth Judicial District CourtMontana Supreme Court · 1996
- In Re HuffMichigan Supreme Court · 1958
- State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
- Ryan v. WestonMontana Supreme Court · 1903
- Crawford v. PierseMontana Supreme Court · 1919
92 more not listed; retrieve them via the Exa API.