Legal Opinion

State ex rel. Dolenty v. District Court

Montana Supreme Court

Decided October 31, 1910No. 2,916PublishedCited by 16 opinions

Original proceeding in mandamus, on the relation of W. B. Dolenty against the District Court of the First Judicial District in and for Lewis and Clark county, and Honorable J. Miller Smith, a judge thereof.

1Opinion of the CourtJustice Holloway

On April 18th of this year we rendered our decision in Dolenty v. Rocky Mountain Bell Telephone Co., 41 Mont. 105, 108 Pac. 921. The result of the trial in the district court was a judgment for the defendant telephone company. Our conclusion was that instead of a judgment for defendant, plaintiff should have prevailed. In concluding our opinion we said: “Since there is not any dispute as to the facts of this case, a new trial is not necessary, but the cause is remanded to the district court with directions to set aside its findings and judgment and enter judgment in- favor of plaintiff for…

2Cases cited6 opinions

  1. Gray v. PalmerCalifornia Supreme Court · 1865
  2. Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1899
  3. Mayor v. BuchananCalifornia Supreme Court · 1853
  4. McMillan v. RichardsCalifornia Supreme Court · 1859
  5. Dolenty v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Winslow v. DundomMontana Supreme Court · 1912
  2. State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
  3. Esterly v. Broadway Garage Co.Montana Supreme Court · 1930
  4. McIntyre v. Northern Pacific Railway Co.Montana Supreme Court · 1920
  5. Woodward v. PerkinsMontana Supreme Court · 1946

11 more not listed; retrieve them via the Exa API.

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