State Ex Rel. Stefonick v. District Court

Relator, Peter Stefonick, defendant in the divorce action of Stefonick v. Stefonick, Cause No. 8572 in this court, seeks a writ to prohibit respondent district judge from hearing the plaintiff's motion therein for attorney's fees and costs on appeal.

The divorce suit was filed in the district court of Beaverhead county. The Hon. Lyman H. Bennett, district judge thereof, was disqualified by affidavit on behalf of the plaintiff. The Hon. R.E. McHugh, district judge of the Third Judicial District, was thereupon called in and assumed jurisdiction, but was disqualified by affidavit filed on behalf…