State ex rel. Bitter Root Valley Irr. Co. v. District Court
Montana Supreme Court
Original application for writ of prohibition by the State, on relation of the Bitter Boot Valley Irrigation Company, against the District Court of the Fourth Judicial District in and for the County of Bavalli and the Judge thereof.
1Opinion of the CourtJustice Holloway
In a suit pending in Bavalli county, to which there were several defendants, an affidavit, imputing bias and prejudice to Hon. [1] B. Lee McCulloch, presiding judge, was prepared and filed by one of the defendants, the Bitter Boot Valley Irrigation Company. Judge McCulloch disregarded the affidavit upon the theory that to be effective for any purpose under section 6315, Bevised Codes, as amended (Chap. 114, Laws of 1909), such affidavit must be made by all the defendants, or, if made by one, it must be for or on behalf of all. The correctness of that theory is challenged in this proceeding.…
2Cases cited3 opinions
- Stadler v. City of HelenaMontana Supreme Court · 1912
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- State ex rel. First Trust & Savings Bank of Billings v. District CourtMontana Supreme Court · 1915
3Cited by13 opinions
- State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932
- Kottel v. StateMontana Supreme Court · 2002
- Stange v. EsvalMontana Supreme Court · 1923
- State Ex Rel. Special Road District No. 8 v. MillisMontana Supreme Court · 1927
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
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