In re Davis' Estate
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Contestants’ motion for a change of venue was denied by McHatton, J. Appellants contend that upon the facts thus disclosed the judge was biased and prejudiced against them, and on that account a change of venue should have been granted, and cite the following authorities: Code Civ. Proe. 2d subd. § 62, p. 72, 2d subd. § 63, p. 73, and § 110, Prob. Prac. Act.
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Appeal from, Second Judicial District, Silver Bow County. Contestants’ motion for a change of venue was denied by McHatton, J. Appellants contend that upon the facts thus disclosed the judge was biased and prejudiced against them, and on that account a change of venue should have been granted, and cite the following authorities: Code Civ. Proe. 2d subd. § 62, p. 72, 2d subd. § 63, p. 73, and § 110, Prob. Prac. Act. Inserting district judge wherever we find probate judge, we are led to the conclusion that a disqualification of such judge in probate matters is not limited by the disqualifying…
1Opinion of the CourtBlake, C. J.
This is an appeal from an order overruling the motion of Henry A. Boot and Maria Cummings for a change of venue upon the following grounds: —
“First. There is reason to believe that an impartial trial can*13not be had in said county of Silver Bow. Second. The citizens, inhabitants, and tax-payers of said county are interested in said proceedings, are biased and prejudiced against contestants, and in favor of proponent; and because the ends ot justice will be promoted by said change.”
The order was made May 2, 1891. The body of one notice of appeal recites “that the contestants .... appeal from the…
2Cases cited16 opinions
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- People v. WilliamsCalifornia Supreme Court · 1864
- McCauley v. WellerCalifornia Supreme Court · 1859
- Territory of Montana v. MantonMontana Supreme Court · 1888
- People v. ShulerCalifornia Supreme Court · 1865
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State v. Spotted HawkMontana Supreme Court · 1899
- Ryan v. WestonMontana Supreme Court · 1903
- Day v. DayIdaho Supreme Court · 1906
- Tibbs v. City of AtlantaSupreme Court of Georgia · 1906
18 more not listed; retrieve them via the Exa API.