State ex rel. Shields v. Second Judicial District Court
Montana Supreme Court
Application in the name of the State of Montana, on the relation of Daniel Shields and another, as executors of the estate of James Tuohy, for a writ of certiorari to annul an order made by the district court of the Second judicial district. Statement op the Case.
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Application in the name of the State of Montana, on the relation of Daniel Shields and another, as executors of the estate of James Tuohy, for a writ of certiorari to annul an order made by the district court of the Second judicial district. Statement op the Case. Application for writ of certiorari to annul an order made by the district court of the Second judicial district directing Cyril Pauwelyn, as executor of the last will and testament of James Tuohy, deceased, to execute a lease to D. J. Ryan and C. J. McSherry of certain mining property belonging to the testator’s estate. From the…
1Opinion of the CourtChief Justice Brantly
*7The contentions made by counsel require an answer to two questions:(1) Was the order of April 19th in excess of the jurisdiction of the district court for the reason that it named a fixed rental to be paid by Britt, McSherry and Ryan?(2) Was the order of June 10th void by reason of the stipulation filed in the proceeding on May 16th, and the order made in pursuance thereof on May 20th, authorizing Britt to withdraw the acceptance of the lease by him for himself and associates with all proposals for a lease?
1. The power of the district court to authorize an administrator or executor to lease…
2Cases cited2 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
3Cited by20 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Lamont v. VingerMontana Supreme Court · 1921
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Gow v. MauryMontana Supreme Court · 1923
- Leyson v. RootMontana Supreme Court · 1903
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