State ex rel. Cornue v. Lindsay
Montana Supreme Court
Application for a writ of prohibition, on relation of Ellen S. Cornue, against John Lindsay, Judge of the District Court of Silver Bow County. Statement of the Case.
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Application for a writ of prohibition, on relation of Ellen S. Cornue, against John Lindsay, Judge of the District Court of Silver Bow County. Statement of the Case. An alternative writ of prohibition was issued out of this Court commanding the Hon. John Lindsay, as Judge of the District Court of Silver Bow County, to desist from further proceedings in an action pending in that court wherein Ellen S. Cornue, the plaintiff in the present suit is the plaintiff, and Henry A. Boot, Andrew J. Davis, and others are the defendants. By answer to the petition and alternative writ the defendant has…
1Opinion of the CourtJustice Pigott
The plaintiff contends that at the time!she filed the prmaipe for dismissal she paid all the costs of the defendants in the action, and that neither of the answers stated a counterclaim or sought affirmative relief, and that therefore the action was dismissed, and the court was thereafter without jurisdiction. Section 1004 of the Code of Civil Procedure is as follows: “An action may be dismissed or a judgment of nonsuit entered in the following cases: (1) By the plaintiff himself, at any time before trial, upon payment of costs; provided, a counterclaim has not been made or affirmative relief…
2Cases cited5 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1891
- Ervin v. CollierMontana Supreme Court · 1877
- Hutchinson v. HamptonMontana Supreme Court · 1868
3Cited by6 opinions
- State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1905
- Schuster v. Northern Co.Montana Supreme Court · 1953
- Miller v. Northern Pacific Railway Co.Montana Supreme Court · 1904
- State Ex Rel. Stagg v. District CourtMontana Supreme Court · 1926
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