State ex rel. Murphy v. Judge of Second Judicial District Court
Montana Supreme Court
Original proceeding. Application for writ of certiorari. Statement of the case by Mr. Justice De Witt. James W. Murphy, upon a writ of certiorari, asks this court to review the action of the District Court, in appointing James A. Talbot as special administrator of the estate of Andrew J. Davis, deceased, and not appointing the relator.
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Original proceeding. Application for writ of certiorari. Statement of the case by Mr. Justice De Witt. James W. Murphy, upon a writ of certiorari, asks this court to review the action of the District Court, in appointing James A. Talbot as special administrator of the estate of Andrew J. Davis, deceased, and not appointing the relator. The facts material to the inquiry, and the statutes necessary to be construed, are as. follows: Andrew J. Davis died in the county of Silver Bow, March 11, 1890, leaving a large estate and a large number of heirs. Afterwards, John A. Davis, a brother of…
1Opinion of the CourtDe Witt, J.
Much has been brought into this case in the argument that is not pertinent to the hearing. The application is for a writ of certiorari. The general principles of law applicable to the invocation of this writ are the same throughout all the courts. But any doubts as to the province of the writ in this court, and any minor differences in the views of courts upon the writ generally, are fully set at rest by the explicit provisions of the statute of this State. Under that statute we have only to inquire whether the application is properly before us, and if so, whether the district judge exceeded…
2Cited by7 opinions
- State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State Ex Rel. Murphy v. District CourtMontana Supreme Court · 1935
- State ex rel. Independent District Telegraph Co. v. Second Judicial District CourtMontana Supreme Court · 1895
- State Ex Rel. Mercer v. WoodsMontana Supreme Court · 1945
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