Legal Opinion

State ex rel. Stephens v. District Court

Montana Supreme Court

Decided October 21, 1911No. 3,069PublishedCited by 21 opinions

Original application for writ of mandamus to compel the district court of Silver Bow county, and John B. McClernan, one of its judges, to vacate an order granting a motion for a change of venue, and to enter one denying such motion.

1Opinion of the CourtJustice Smith

Application for a writ of mandamus to compel the district court of Silver Bow county and the Honorable John B. McClernan, one of its judges, to vacate an order made in the case of Oram Stephens (this relator), against Frank Conley, granting the latter’s motion for a change of place of trial to Powell county, and to make an order denying said motion. The relator is a resident of Silver Bow county, while Frank Conley resides in Powell county. He was, however, served in Silver Bow county. The complaint in Stephens v. Conley contains three causes of action. In the first the plaintiff alleges that…

2Cases cited5 opinions

  1. Bond v. HurdMontana Supreme Court · 1904
  2. Pearce v. Butte Electric Railway Co.Montana Supreme Court · 1910
  3. Schaeffer v. Gold Cord Min. Co.Montana Supreme Court · 1908
  4. Donnelly v. ClarkMontana Supreme Court · 1886
  5. Porter v. PillsburyNew York Supreme Court · 1855

3Cited by21 opinions

  1. Stephens v. ConleyMontana Supreme Court · 1914
  2. State ex rel. Interstate Lumber Co. v. District CourtMontana Supreme Court · 1918
  3. Crawford v. PierseMontana Supreme Court · 1919
  4. O'Hanion v. Great Northern Railway Co.Montana Supreme Court · 1926
  5. Holen v. PhelpsMontana Supreme Court · 1957

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