State ex rel. Gleim v. Evans
Montana Supreme Court
Original proceeding. Application for a writ of certiorari to review action of justice of the peace in declaring a defendant’s bail forfeited. Statement of the case by Mr. Justice Harwood.
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Original proceeding. Application for a writ of certiorari to review action of justice of the peace in declaring a defendant’s bail forfeited. Statement of the case by Mr. Justice Harwood. This is a writ of certiorari for review of certain proceedings heretofore had before J. M. Evans, justice of the peace of Missoula county, in two criminal cases, wherein Mary Gleim, petitioner in this proceeding was defendant, charged with the crime of assault and battery in each of said cases; and it is alleged that said justice exceeded his jurisdiction in certain' orders and proceedings therein. It…
1Opinion of the CourtHarwood, J.
Petitioner was entitled, under the provisions of the law, to a change of venue, on the affidavit and application presented, and therefore, Justice Evans had no jurisdiction to proceed further, after the presentation of said affidavit and application for removal of said cases to another justice of the peace. His jurisdiction was terminated by that proceeding. It appears to be conceeded that the showing was sufficient to entitle petitioner to a change of venue, but the attorney general objects, on behalf of respondent, that the application for a change of venue was not made in time, because the…
2Cases cited5 opinions
- Withington v. SouthworthMichigan Supreme Court · 1873
- Herbert v. BeathardSupreme Court of Kansas · 1882
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- State v. ReckardsSupreme Court of Minnesota · 1874
- Combs v. DunlapWisconsin Supreme Court · 1865
3Cited by9 opinions
- State ex rel. Independent Publishing Co. v. SmithMontana Supreme Court · 1899
- State ex rel. Johnson v. CaseMontana Supreme Court · 1894
- State v. BensonMontana Supreme Court · 1931
- United States v. KonoDistrict Court, D. Alaska · 1912
- Hassan v. EarllMontana Supreme Court · 1921
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