Grant v. Williams
Montana Supreme Court
Appeal from District Court, Blaine County¡ John W. Tattan, Judge. Action by Hugh S. Grant against F. N. Williams, as Justice of the Peace of Chinook Township, and others. From a judgment for defendants, plaintiff appeals. The complaint states a good cause of action for malicious prosecution in the furtherance of a criminal conspiracy. A justice of the peace has no original jurisdiction in proceedings brought for the violation of a town ordinance.
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Appeal from District Court, Blaine County¡ John W. Tattan, Judge. Action by Hugh S. Grant against F. N. Williams, as Justice of the Peace of Chinook Township, and others. From a judgment for defendants, plaintiff appeals. The complaint states a good cause of action for malicious prosecution in the furtherance of a criminal conspiracy. A justice of the peace has no original jurisdiction in proceedings brought for the violation of a town ordinance. Of such proceedings the police court has exclusive jurisdiction. (See. 3298, Rev. Codes, subd. 1.) True, a justice of the peace may be called in, or…
1Opinion of the CourtChief Justice Brantly
This is an appeal from a judgment of the district court in and for the county of Blaine, in favor of the defendants Williams and United States Fidelity & Guaranty Company, entered after an order sustaining their demurrers to the complaint.
The grounds for relief are set forth in plaintiff’s complaint in two counts. The first alleges, in brief, that at the times mentioned defendant Williams was a justice of the peace in Chinook township, Blaine county, and that the defendant United States Fidelity & Guaranty Company was the surety upon his official bond; that the defendant Lutz was the town…
2Cases cited14 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Randall v. BrighamSupreme Court of the United States · 1869
- Lange v. . BenedictNew York Court of Appeals · 1878
- Stephens v. ConleyMontana Supreme Court · 1914
- Rains v. SimpsonTexas Supreme Court · 1878
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3Cited by8 opinions
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Wilson v. NeuOhio Supreme Court · 1984
- Shampagne v. KeplingerMontana Supreme Court · 1927
- Ceinar v. JohnstonCalifornia Court of Appeal · 1933
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