Legal Opinion · Dissent

State ex rel. Gilreath v. District Court of First Judicial Dist.

Montana Supreme Court

Decided January 2, 1954No. 9342Published

1Dissent

MR. CHIEF JUSTICE ADAIR:

We dissent.

Here, following a lengthy hard fought jury trial and the entry *435of a judgment on the verdict, four separate district court judges were either disqualified, deemed themselves disqualified, declined to assume jurisdiction, or voluntarily -withdrew from the case while plaintiff’s timely notice of intention to move for a new trial was pending.

At long last Judge R. M. Hattersley was prevailed upon to come from his own district and to assume jurisdiction, hear and decide plaintiff’s motion for a new trial.

It required close application for this fifth judge to…

2Cases cited20 opinions

  1. People v. Ah SamCalifornia Supreme Court · 1871
  2. O'Hanion v. Great Northern Railway Co.Montana Supreme Court · 1926
  3. State v. SullivanMontana Supreme Court · 1890
  4. Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
  5. State Ex Rel. McVay v. District Court of Fourth Judicial DistrictMontana Supreme Court · 1953

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