Hunter v. Eddy
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. The judgment of the Justice’s Court was annulled by Mo Hatton, J., upon a writ of certiorari. Statement of the case by Mr. Justice De Witt.
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Appeal from, Second Judicial District, Silver Bow County. The judgment of the Justice’s Court was annulled by Mo Hatton, J., upon a writ of certiorari. Statement of the case by Mr. Justice De Witt. This is an appeal from the judgment of the District Court annulling, upon a writ of certiorari from that court to the Justice’s Court, a judgment of the Justice’s Court of John Eddy, Esq., which judgment was in favor of A. A. McMillan et al. v. John Hunter, defendant in the Justice’s Court, petitioner in the District Court, and respondent in this court. The appeal is by John Eddy, Esq., justice of…
1DissentDe Witt, J.
(dissenting). — I am of opinion that the District Court committed no error in declining to hear and determine the disputed question of fact as to whether the defendant in the action in the Justice’s Court had in fact ever appeared in that court or confessed judgment therein. The province of the writ of certiorari is to review the record and not to originally try and determine facts dehors the record. I am not to be understood as holding that the reviewing court may not consider evidence which was before the Justice’s Court, and upon which that court rendered its decision, and which evidence…
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