Legal Opinion

State ex rel. Sutton v. District Court of the Second Judicial District

Montana Supreme Court

Decided July 21, 1902No. 1,804PublishedCited by 16 opinions

Whit of supervisory control, on the relation of Wakenpan Sutton, to tbe district court of the Second judicial district, and William Clancy, a judge thereof.

1Opinion of the CourtJustice PIGrOTT

Wakeman Sutton was adjudged guilty of a constructive contempt of the the district court of Silver Bowl county. One of the penalties imposed by the judgment was a fine of $200, with imprisonment until paid or satisfied. At his instance, a writ of habeas corpus, aided by a writ of certiorari, was issued by a justice of this court. After a hearing, the writs were quashed, and the proceeding was dismissed on the ground that the judgment sought to be annulled was rendered by a court having jurisdiction of the subject-matter and of the parties. We held that the supreme court could not, upon such…

2Cases cited4 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. Finlen v. HeinzeMontana Supreme Court · 1902
  3. Whitbeck v. Montana Central Railway Co.Montana Supreme Court · 1898
  4. State ex rel. Sutton v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902

3Cited by16 opinions

  1. State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
  2. State ex rel. Webb v. District CourtMontana Supreme Court · 1908
  3. State ex rel. Rankin v. District CourtMontana Supreme Court · 1920
  4. State ex rel. Lemke v. District Court of Stutsman CountyNorth Dakota Supreme Court · 1921
  5. State ex rel. Mannix v. District CourtMontana Supreme Court · 1915

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