State ex rel. Lohman v. District Court
Montana Supreme Court
Original application for writ of mandate by the state, on the relation of A. S. Lohman, against the district court of the twelfth judicial district, in and for the county of Blaine, and Frank N. Utter, a judge thereof, to compel a transfer of a cause to another district court, because of the disqualification of said judge.
1Opinion of the CourtJustice Holloway
On August 26, 1913, A. S. Lohman commenced an action in the district court of the twelfth judicial district of Montana, in and for Blaine county, against the town of Chinook. A demurrer interposed by the defendant was submitted to the court, Judge Tattan presiding, and overruled, and an answer which brought the case to issue was then filed. On February 21, 1914, the court, Judge Utter presiding, set the cause for trial for March 21, at a term of the court to be presided over by Judge Utter. On February 28 plaintiff filed an affidavit disqualifying Judge Utter, and on March 2 an order was…
2Cases cited7 opinions
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- State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
- State ex rel. Anaconda Copper Mining Co. v. ClancyMontana Supreme Court · 1904
- Washoe Copper Co. v. HickeyMontana Supreme Court · 1912
- Bean v. Missoula Lumber Co.Montana Supreme Court · 1909
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3Cited by7 opinions
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- State ex rel. Sell v. District CourtMontana Supreme Court · 1916
- State v. JohnsonNew York Court of General Session of the Peace · 1946
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