Legal Opinion

State ex rel. Giroux v. Giroux

Montana Supreme Court

Decided February 1, 1897PublishedCited by 20 opinions

Appeal from District Court, Flathead County. Charles W. Pomeroy, Judge. Application by the state, on the relation of Joseph L. Giroux, for a writ of habeas corpus against Rebecca Giroux. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. This appeal is the result of a habeas corpus proceeding in the district court of Flathead county for the custody of a minor child withheld by its mother from the father.

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Appeal from District Court, Flathead County. Charles W. Pomeroy, Judge. Application by the state, on the relation of Joseph L. Giroux, for a writ of habeas corpus against Rebecca Giroux. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. This appeal is the result of a habeas corpus proceeding in the district court of Flathead county for the custody of a minor child withheld by its mother from the father. The facts are substantially as follows : Joseph L. Giroux and the respondent, Rebecca Giroux, were married in Montana in 1881, and…

1Opinion of the CourtBuck, J.

The record in this proceeding is unnecessarily voluminous, and bristles with exceptions to the admission or refusal to admit testimony. Many of these exceptions, also, are of so frivolous a nature that they have been ignored, not only in the arguments and briefs of counsel, but in the specification of errors itself. ■ A proceeding in habeas corpus is summary in its character,, and we feel it our duty to vigorously condemn any unnecessary impeding of this, its essential function, by technical and hypercritical criticism in reference to the admission of any evidence tending to enlighten the…

2Cases cited2 opinions

  1. Edgerton v. EdgertonMontana Supreme Court · 1892
  2. Stebbins v. MorrisMontana Supreme Court · 1897

3Cited by20 opinions

  1. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  2. State ex rel. Jackson v. KennieMontana Supreme Court · 1900
  3. State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
  4. Kane v. KaneMontana Supreme Court · 1917
  5. In Re on Behalf of EnkeMontana Supreme Court · 1955

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