State ex rel. Johnson v. Case
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula Cou/nty. Application for writ of certiorari to review action of a justice of the peace in excess of jurisdiction.
Read the full summary
Appeal from Fourth Judicial District, Missoula Cou/nty. Application for writ of certiorari to review action of a justice of the peace in excess of jurisdiction. Judgment dismissing the writ was rendered by Mabshall, J. Statement of the case by the justice delivering the opinion: This case comes here on an appeal from a judgment of the district court which dismissed an application for a writ of certiorari against a justice of the peace, and affirmed a judgment of that justice. The application for a writ of certiorari in the district court shows that on February 6, 1892, Edmund Giggy commenced…
1Opinion of the CourtDe Witt, J.
This case is in fact an action ex relatione, in which the relators are A. P. Johnson and another, and the respondent is J. F. Case, a justice of the peace, although the papers in the court below were entitled Johnson et al. v. Case. (Territory v. Potts, 3 Mont. 364.)
Section 794 of the Code of Civil Procedure provides, in reference to justice courts: “Upon a verdict by a jury the justice shall immediately render judgment accordingly.” In the case at bar the justice followed this statute; and, in accordance with the verdict of 'the jury, and on the same day, to wit, February 16th, he entered…
2Cases cited17 opinions
- Diaz v. Eighth Judicial District Court of NevadaNevada Supreme Court · 2000
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Livermore v. CampbellCalifornia Supreme Court · 1877
- Fox v. MeachamNebraska Supreme Court · 1877
- Fox v. NachtsheimWashington Supreme Court · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Putnam v. PutnamMontana Supreme Court · 1929
- State ex rel. Davis v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1903
- State ex rel. Grissom v. Justice CourtMontana Supreme Court · 1904
- State Ex Rel. School District No. 8 v. LensmanMontana Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.