In re Downey
Montana Supreme Court
' Habeas corpus proceedings, and certiorari in aid thereof, by tbe state, on relation of Catherine Downey, to secure her release from custody under a commitment by the Second Judicial District Court for a contempt in failing to comply with an order made in supplementary proceedings brought by David Trotter.
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' Habeas corpus proceedings, and certiorari in aid thereof, by tbe state, on relation of Catherine Downey, to secure her release from custody under a commitment by the Second Judicial District Court for a contempt in failing to comply with an order made in supplementary proceedings brought by David Trotter. The district court hajl no authority to make the order which he did committing petitioner to jail for contempt, and such order was null and void, and the writ of habeas corpus is properly invoked. (Code of Civil Procedure, Secs. 1263, 1266; In re Burrows, I Pac. 148; Winters v. McCarthy, 2…
1Opinion of the CourtChief Justice Brantly
Original application for a writ of habeas corpus, and certiorari in aid thereof.
Prom the returns made to the writs it appears that on April 19, 1904, one David Trotter recovered a judgment in a justice’s court .in Silver Bow county against the complainant, Catherine Downey, for the sum of $234.88 and costs; that thereafter on the same day an abstract of the judgment was filed in the office of the clerk of the district court of the co.urity, and the judgment docketed; that an execution was issued by the clerk and placed in the hands of the sheriff for service; that the execution was returned…
2Cases cited4 opinions
- Adams v. HackettCalifornia Supreme Court · 1857
- Ex parte McCulloughCalifornia Supreme Court · 1868
- State ex rel. Coad v. Judge of the Ninth Judicial District CourtMontana Supreme Court · 1899
- State ex rel. Boyle v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
3Cited by7 opinions
- State v. District Court of the Third Judicial DistrictMontana Supreme Court · 1907
- Johnson v. LundeenMontana Supreme Court · 1921
- In re McDonaldMontana Supreme Court · 1915
- Brindjonc v. BrindjoncMontana Supreme Court · 1934
- Medical Finance Ass'n v. KarnesAppellate Division of the Superior Court of California · 1938
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