State ex rel. Caldwell v. District Court
Montana Supreme Court
Original proceeding. Application for writ of certiorari. Statement of the case by the court. The relator’s affidavit is that he is the defendant in an action entitled Bohart v. Gald/welt, lately pending in the district court of Gallatin county; that on January 26, 1896, a verdict was rendered in said action in favor of defendant, and thereafter, on February 4, 1895, a judgment was duly entered upon said verdict in defendant’s favor; that thereafter the plaintiff in said…
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Original proceeding. Application for writ of certiorari. Statement of the case by the court. The relator’s affidavit is that he is the defendant in an action entitled Bohart v. Gald/welt, lately pending in the district court of Gallatin county; that on January 26, 1896, a verdict was rendered in said action in favor of defendant, and thereafter, on February 4, 1895, a judgment was duly entered upon said verdict in defendant’s favor; that thereafter the plaintiff in said action prepared his statement on motion for a new trial, which was settled and allowed, and gave notice of intention to move…
1Per curiam
Our inquiry, under the record and briefs in this case, is limited to the sole question whether the district judge exceeded his jurisdiction in proceeding to try the case of Bohart v. Caldwell. (State ex rel. Murphy v. Judge of Second Judicial District Court, 10 Mont. 401.) We are clearly of opinion that he did not. We doubt whether it is necessary to go beyond the minute entries of the clerk to gather therefrom that, after a new trial was granted, leave to amend the answer in Bohart v. Caldwell was presumably asked by defendant before it was granted by the court. We think it is also a fair…
2Cases cited1 opinion
- State ex rel. Murphy v. Judge of Second Judicial District CourtMontana Supreme Court · 1891
3Cited by2 opinions
- State ex rel. Boston & Montana Consolidated C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- Muskogee Electric Traction Co. v. GreenSupreme Court of Oklahoma · 1923