State ex rel. Root v. McHatton
Montana Supreme Court
The court below disregarded the provisions of the Act of March 14, 1889, upon the theory that under the Constitution there are no terms of court in Silver Bow County, but that the court is in continuous session, and that it would be impossible to select a jury during one term for the next term.
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The court below disregarded the provisions of the Act of March 14, 1889, upon the theory that under the Constitution there are no terms of court in Silver Bow County, but that the court is in continuous session, and that it would be impossible to select a jury during one term for the next term. That therefore the only method of procuring a jury in Silver Bow County is in pursuance of section 15 of said act, by directing the clerk to issue a venire of names selected by the judge. The provision of the Constitution creating Silver Bow County into a single district does not prohibit the fixing of…
1Opinion of the CourtBlake, C. J.
This is an application to this- court upon the part of Henry A. Doot and Maria Cummings for a peremptory writ of mandate to compel the judge of the District Court of the Second Judicial District of the State, in and for the county *373of Silver Bow, to appoint three persons to serve as a commission in selecting a petit jury. The same parties have also filed an application for a peremptory writ of prohibition to command the said judge to desist and refrain from any further proceedings in the matter of the probate of a certain instrument, purporting to be the last will and testament of Andrew J.…
2Cases cited1 opinion
- Bronson v. SchultenSupreme Court of the United States · 1882
3Cited by7 opinions
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State v. AllisonMontana Supreme Court · 1948
- State v. GroomMontana Supreme Court · 1914
- Whitbeck v. Montana Central Railway Co.Montana Supreme Court · 1898
- Littrell v. WilcoxMontana Supreme Court · 1891
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