State ex rel. Moshner v. Wright
Montana Supreme Court
Appeal from District Court, Fergus County; Dudley Du Bose, Judge. Mandamus by the state, on relation of Prank Moshner,. against Edmund Wright, clerk of the district court of Fergus county. From a judgment for relator, defendant appeals. The duty of the clerk to issue the alias is not clear; nor is it an act which the law specially enjoins upon him, hence the writ of mandate is not the proper remedy.
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Appeal from District Court, Fergus County; Dudley Du Bose, Judge. Mandamus by the state, on relation of Prank Moshner,. against Edmund Wright, clerk of the district court of Fergus county. From a judgment for relator, defendant appeals. The duty of the clerk to issue the alias is not clear; nor is it an act which the law specially enjoins upon him, hence the writ of mandate is not the proper remedy. (Code of Civil Procedure, Secs. 2136, 1290, 1961.) That there are other plain, speedy and adequate remedies there can be no doubt. Tbe court has absolute control aver its process and may adopt any…
1Opinion of the CourtJustice Milburn
This is an appeal from an order granting a writ of mandate. A decree of foreclosure of liens, and an order of sal© under the decree, were, respectively, made and issued in a number of actions which had been consolidated. The order of sale, directing several pieces of property to¡ be sold, was placed in the hands of the sheriff, which officer- sold all but one certain piece of property. The order of sale was returned by the sheriff with a certificate that all of the property was sold, excepting *542one pieces upon which there was a certain lien. About three years later the relator demanded of the…
2Cases cited2 opinions
- Garoutte v. HaleyCalifornia Supreme Court · 1894
- Fulton v. HannaCalifornia Supreme Court · 1870
3Cited by2 opinions
- State ex rel. Anderson v. District CourtMontana Supreme Court · 1919
- State ex rel. Donovan v. LedwidgeMontana Supreme Court · 1902