State ex rel. Tripp v. District Court of the Fourth Judicial District ex rel. County of Missoula

ME. JUSTICE ANGSTMAN:

This is an original application for a writ of prohibition or other appropriate writ challenging the jurisdiction of the respondent court to grant a new trial in a certain action.

The facts out of which the controversy arises are these: The Dewey Milling Timber Products, a corporation, hereinafter called the Dewey Company, brought an action against relators in the respondent court to recover the purchase price of lumber alleged to have been sold by it to relators.

The complaint contained only one cause of action but alleged the delivery of lumber to relators on February 10,…