State Ex Rel. Monarch Fire Insurance v. Holmes

The two cases, argued at the same time as Cause No. 8271, State of Montana ex rel. Pearl Assurance Company v. John J. Holmes, arise on similar facts and for the purpose of argument were combined. In each of the cases the relator sought a writ of prohibition as in Cause 8271. As in that case, the motion to quash the writ in each of these cases was granted by the district court and from those orders these appeals are taken.

The relators argue that prohibition will lie for two reasons, the first being that the commissioner of insurance acquired no jurisdiction by the order to show cause why the…