State ex rel. Lindsey v. Ayers
Montana Supreme Court
Original application for writ of mandate by the State, on the relation of Theodore Lindsey, against Roy E. Ayers, Judge of the District Court of the Tenth Judicial District in and for the County of Fergus, to compel restoration to the files of a bill of exceptions and settle the same.
1Opinion of the CourtJustice Holloway
In an action entitled First National Bank of Miles City v. Theo. Lindsey, tried in the district court of Fergus county, resulting in a verdict and judgment for plaintiff, the defendant gave notice of his intention to move for a new trial upon a bill of exceptions thereafter to be prepared. A draft of the proposed bill was served and delivered to the judge for settlement. At the instance of the plaintiff, the proposed bill was stricken from the files and settlement refused November 29, 1915. To the application of the moving party for an alternative writ of mandate, the respondent judge has…
2Cases cited2 opinions
- Montana Ore Purchasing Co. v. LindsayMontana Supreme Court · 1901
- Montana Lumber & Produce Co. v. HowardMontana Supreme Court · 1891
3Cited by1 opinion
- Hale v. Belgrade Co., Ltd.Montana Supreme Court · 1925