State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. District Court of the Second Judicial District
Montana Supreme Court
Application1 for a writ of supervisory control by tbe state, on tbe relation, of tbe Boston & Montana Consolidated Copper & Silver Mining Company, against tbe district court of tbe Second judicial district for tbe county of Silver Bow, and tbe Honorable William Clancy, judge of tbe Second department" thereof. Statement oe the Case. Appbcation for writ of supervisory control.
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Application1 for a writ of supervisory control by tbe state, on tbe relation, of tbe Boston & Montana Consolidated Copper & Silver Mining Company, against tbe district court of tbe Second judicial district for tbe county of Silver Bow, and tbe Honorable William Clancy, judge of tbe Second department" thereof. Statement oe the Case. Appbcation for writ of supervisory control. Tbe action out of wbicb tbis proceeding arose was commenced in November, 1902. Soon after the complaint was filed, the court, upon the application of the plaintiff, made an order requiring the defendant to produce for the…
1Opinion of the Court
MR. CHEEP JUSTICE BRANTLY,
after stating the ease, delivered the opinion of the court.
1. It is argued by counsel for the relator that the order is void for the reason that it was premature, in that it was made with reference to issues not involved in the cause until after the application for it was filed. Under this condition of the case, they say the proceeding should have been begun de novoy in other words, that, the pleadings having been amended and the issues changed pending the application, the court was without authority to act upon it. Their argument proceeds upon the assumption that,…
2Cases cited8 opinions
- March v. DavisonNew York Court of Chancery · 1842
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Justice v. National Bank of NewbernSupreme Court of North Carolina · 1880
- State, ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- Arnold v. Pawtuxet Valley Water Co.Supreme Court of Rhode Island · 1893
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3Cited by1 opinion
- State ex rel. City of Helena v. Helena Waterworks Co.Montana Supreme Court · 1911