State ex rel. Shanahan v. Lindsay
Montana Supreme Court
Application by the State, on the relation of Bernard Shanahan, for writ of mandamus to John Lindsay, judge of the Second Judicial District Court. Statement of the case by the Justice delivering the opinion. This is an application for a writ of mandate to compel Hon. John Lindsay, as Judge of the Second Judicial District Court in and for Silver Bow county, to hear and determine a motion to set aside a default judgment and entertain the appeal in a case entitled 1 'll.
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Application by the State, on the relation of Bernard Shanahan, for writ of mandamus to John Lindsay, judge of the Second Judicial District Court. Statement of the case by the Justice delivering the opinion. This is an application for a writ of mandate to compel Hon. John Lindsay, as Judge of the Second Judicial District Court in and for Silver Bow county, to hear and determine a motion to set aside a default judgment and entertain the appeal in a case entitled 1 'll. G. Slader, Plaintiff, v. Bernard Shanahan, Defend’cmt,” brought into the said court by appeal from the justice’s court of J. M.…
1Opinion of the CourtBrantly, C. J.
In making this order the court said to relator in substance : “You are not to be heard in this court upon this appeal further than to enable this court to determine that your showing in the justice’s court was not and is not sufficient to warrant the setting aside of the default judgment. This determination has been reached. This court has no jurisdiction for any other purpose. Therefore you are not entitled to an appeal in this case. ’ ’ The question presented, therefore, is : has the district court refused to entertain the appeal for all purposes for which it should have been entertained?…
2Cases cited2 opinions
- Gage v. MaryattMontana Supreme Court · 1890
- Hamilton v. HusonMontana Supreme Court · 1898
3Cited by6 opinions
- State ex rel. Cobban v. District Court of the Second Judicial DistrictMontana Supreme Court · 1904
- State ex rel. Reynolds v. LaurendeauMontana Supreme Court · 1903
- Burch v. RobersonMontana Supreme Court · 1913
- Duane v. MolinakMontana Supreme Court · 1904
- Clark v. Great Northern Railway Co.Montana Supreme Court · 1904
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