Legal Opinion

State ex rel. Robinson v. Clements

Montana Supreme Court

Decided March 28, 1908No. 2,535PublishedCited by 6 opinions

Mandamus by the state, on the relation of Alvin Robinson, against J. M. Clements, as judge of the district court of the First Judicial District, Lewis and Clark county, to compel the setting aside of an order granting a stay of execution without terms pending a motion for a new trial. On motion to quash the alternative writ.

1Opinion of the CourtChief Justice Brantly

Mandamus. From the verified petition filed herein the following facts appear: On February 15, 1908, in the district court of Lewis and Clark county, Alvin Robinson, a minor, in an action brought by him through Wm. H. Hirst, his guardian, against the Helena Light & Railway Company for damages for personal injuries, had a verdict for $10,000, and judgment was duly entered thereon. On February 21st counsel for the corporation, having served and filed their notice of intention to move for a new trial, asked and were granted by the judge who tried the cause, and the defendant herein, forty-five…

2Cases cited1 opinion

  1. State ex rel. Haire v. RiceMontana Supreme Court · 1906

3Cited by6 opinions

  1. Hoppin v. LongMontana Supreme Court · 1925
  2. Gardiner v. Eclipse Grocery Co.Montana Supreme Court · 1925
  3. State ex rel. Stiefel v. District CourtMontana Supreme Court · 1908
  4. State ex rel. Jones v. District CourtMontana Supreme Court · 1914
  5. Couse v. DietzMontana Supreme Court · 1945

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