State ex rel. King v. District Court of the Second Judicial District
Montana Supreme Court
Application by the state of Montana, on the relation of Silas F.' King and others, for mandamus against the Second judicial district court and the judges thereof. It is sufficient answer to the first subdivision of plaintiff’s objection, to call the attention of the Court to the fact that the rule which is referred to in said subdivision does not provide a penalty for a failure to serve and file the affidavits with motion.
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Application by the state of Montana, on the relation of Silas F.' King and others, for mandamus against the Second judicial district court and the judges thereof. It is sufficient answer to the first subdivision of plaintiff’s objection, to call the attention of the Court to the fact that the rule which is referred to in said subdivision does not provide a penalty for a failure to serve and file the affidavits with motion. The construction of the rule which would preclude relators from a hearing because one day intervened between the service and filing of their motion and the service and…
1Opinion of the CourtJustice Milburn
This cause is before this Court upon the petition of the relators for a peremptory writ of mandamus, and upon the motion of defendants to quash the alternative writ and to dismiss the action with costs. The motion to quash and the matter of the petition were argued and submitted at the same time. The relators interposed a motion to strike certain parts of the answer and return of the defendants. This motion was not argued by counsel, and it is not necessary to consider the same in this opinion, except to say that in arriving at a determination the parts objected to have not been taken into…
2Cases cited10 opinions
- Duncan v. GeganSupreme Court of the United States · 1880
- Ex Parte NewmanSupreme Court of the United States · 1872
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
- Montana Ore Purchasing Co. v. LindsayMontana Supreme Court · 1901
- Ex Parte Railway Co.Supreme Court of the United States · 1880
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3Cited by10 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
- State v. KacarMontana Supreme Court · 1925
- State ex rel. Gravely v. StewartMontana Supreme Court · 1913
- Alvak Enterprises v. PhillipsCalifornia Court of Appeal · 1959
5 more not listed; retrieve them via the Exa API.