Legal Opinion

State ex rel. McHatton v. District Court

Montana Supreme Court

Decided December 2, 1918No. 4,288PublishedCited by 24 opinions

Original application for writ of certiorari by the State, on the relation of John J. McHatton, against the District Court of the Second Judicial District in and for the County of Silver Bow, and John V. Dwyer, a Judge thereof, to have annulled an order of said court setting aside a final decree settling account of relator as guardian, etc.

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Original application for writ of certiorari by the State, on the relation of John J. McHatton, against the District Court of the Second Judicial District in and for the County of Silver Bow, and John V. Dwyer, a Judge thereof, to have annulled an order of said court setting aside a final decree settling account of relator as guardian, etc. Mere clerical errors, errors of form or mistakes in drafting a decree as distinguished from judicial errors may be corrected on petition or motion, but the court having once pronounced a final order or decree and the same having been correctly entered, the…

1Opinion of the CourtChief Justice Brantly

Certiorari to the district court of Silver Bow county. On October 22, 1912, Sarah A. Pryor, a resident of Silver Bow county, was adjudged by the district court of that county to be incompetent, and by the same court the relator was appointed guardian of her person and estate. Having qualified as provided by law, the' relator entered upon a discharge of his duties and continued therein under the direction of the court until the death of his ward, which occurred on December 7, 1917. She left a will executed on June 8, 1908, in which the relator was named executor. On January 12, 1918, the will…

2Cases cited5 opinions

  1. Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
  2. Finlen v. HeinzeMontana Supreme Court · 1903
  3. Tuohy's EstateMontana Supreme Court · 1899
  4. Ogle v. PotterMontana Supreme Court · 1900
  5. Whitbeck v. Montana Central Railway Co.Montana Supreme Court · 1898

3Cited by24 opinions

  1. St. Onge v. BlakelyMontana Supreme Court · 1926
  2. Hoppin v. LongMontana Supreme Court · 1925
  3. State ex rel. Smith v. District CourtMontana Supreme Court · 1919
  4. State Bank v. SchultzeMontana Supreme Court · 1922
  5. In Re the Marriage of CannonMontana Supreme Court · 1985

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