Legal Opinion

State ex rel. McCormick v. Woody

Montana Supreme Court

Decided June 5, 1894PublishedCited by 4 opinions

Original Proceeding. Application for writ of prohibition to restrain a district judge from trying a proceeding to remove an administratrix. Judge Woody was disqualified to act as judge in the matter. He has a claim against the eat ate, and is interested therein. (Hawes on Jurisdiction, § 35; Stochwell v. Township Board etc., 22 Mich. 342; Pearce v. Atwood, 13 Mass. 340; Hall v. Thayer, 105 Mass. 219; 7 Am.

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Original Proceeding. Application for writ of prohibition to restrain a district judge from trying a proceeding to remove an administratrix. Judge Woody was disqualified to act as judge in the matter. He has a claim against the eat ate, and is interested therein. (Hawes on Jurisdiction, § 35; Stochwell v. Township Board etc., 22 Mich. 342; Pearce v. Atwood, 13 Mass. 340; Hall v. Thayer, 105 Mass. 219; 7 Am. Rep. 513; Probate Practice Act, § 10.) Prohibition is the proper remedy. (North Bloomfield G. M. Go. v. Keyser, 58 Cal. 327 (facts much as in this case); 19 Am. & Eng. Ency. of Law, 272,…

1Per curiam

This is an application for a writ of prohibition to prevent the respondent, judge of the fourth judicial district court, from trying a certain proceeding, which is described in the petition. That proceeding is an application by some of the creditors of the estate of W. J. McCormick, deceased, for the removal of the relator as administratrix of the estate. She alleges in her application for a writ of prohibition that the judge of the court, Hon. Frank H. Woody, should be prohibited from trying this case, for the reason that he is disqualified. This disqualification she finds in the following…

2Cited by4 opinions

  1. Title Guaranty & Surety Co. v. SlinkerSupreme Court of Oklahoma · 1912
  2. Gaer v. Bank of BakerMontana Supreme Court · 1940
  3. Regents of the University v. TurnerCalifornia Supreme Court · 1911
  4. Hamilton v. PendletonSupreme Court of Oklahoma · 1925

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