State ex rel. Peel v. District Court
Montana Supreme Court
Original application, by tbe State, on tbe relation of Richard Peel and Alfie Elling, relators, against the District Court of the Fifth Judicial District, in and for the County of Madison, and Joséph R. Jackson, a Judge of the Second District, presiding, for writ of supervisory control or other appropriate writ, to compel respondents to restore to the files certain papers erroneously ordered stricken in the ease of In re Estate of Horace B. Elling, Deceased.
Read the full summary
Original application, by tbe State, on tbe relation of Richard Peel and Alfie Elling, relators, against the District Court of the Fifth Judicial District, in and for the County of Madison, and Joséph R. Jackson, a Judge of the Second District, presiding, for writ of supervisory control or other appropriate writ, to compel respondents to restore to the files certain papers erroneously ordered stricken in the ease of In re Estate of Horace B. Elling, Deceased. It is our view that supervisory control is the proper remedy here, because the court below has (a) acted, (b) within jurisdiction (e) in…
1Opinion of the CourtJustice Galen
This is an original proceeding wherein a writ of supervisory control or other appropriate writ is sought, directed to the district court of Madison county and Joseph R. Jackson, acting judge thereof.
An order to show cause was issued on the filing of the [1] verified petition herein and the case came on for hearing and argument on motion to quash the order and dismiss the petition. It appears that Horace B. Elling, a resident of Madison county, died on September 22, 1920, leaving estate therein. At the time of his death he was forty-three years old, and died intestate. On October 13, 1920,…
2Cases cited14 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- In re Dolenty's EstateMontana Supreme Court · 1916
- Ryan v. WestonMontana Supreme Court · 1903
- Tuohy's EstateMontana Supreme Court · 1899
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State Ex Rel. Kennedy v. District Court of Fifth Judicial DistrictMontana Supreme Court · 1948
- State ex rel. Sinko v. District CourtMontana Supreme Court · 1922
- Albuquerque Gas & Electric Co. v. CurtisNew Mexico Supreme Court · 1939
- State ex rel. Bonners Ferry Lumber Co. v. District CourtMontana Supreme Court · 1924
- Gow v. O'ConnorMontana Supreme Court · 1922
21 more not listed; retrieve them via the Exa API.