State ex rel. Metcalf v. District Court
Montana Supreme Court
Original application for writ of certiorari by the State, on the relation of George L. Metcalf, against the District Court of the Fourth Judicial District of the State in and for Ravalli County, and R. Lee McCulloch, the judge thereof, to review proceedings resulting in a judgment adjudging relator guilty of contempt of court.
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Original application for writ of certiorari by the State, on the relation of George L. Metcalf, against the District Court of the Fourth Judicial District of the State in and for Ravalli County, and R. Lee McCulloch, the judge thereof, to review proceedings resulting in a judgment adjudging relator guilty of contempt of court. The weight of authority and the trend of modern decisions sustains the position that since the cases in question were not pending, the relator had the right to make such comments and reasonable criticism of the court and its rulings as he deemed fit. (State ex rel.…
1Opinion of the CourtJustice Holloway
delivered tbe opinion of tbe court.
In May, 1915, George L. Metcalf instituted proceedings in the district court to oust C. W. Ward from his office as county commissioner of Ravalli county. A demurrer to his complaint was sustained, and a judgment of dismissal entered. A like proceeding against N. J. Tillman was disposed of in like manner. In November following Metcalf caused to be published in the “Western News,” a newspaper of general circulation in Ravalli county, a tirade of vilification and abuse directed at the county commissioners, the county attorney, and Honorable R. Lee Mc-Culloch,…
2Cases cited26 opinions
- Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- State v. MorrillSupreme Court of Arkansas · 1855
- Watson v. WilliamsMississippi Supreme Court · 1858
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- State Ex Rel. Pulitzer Publishing Co. v. ColemanSupreme Court of Missouri · 1941
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