Legal Opinion

State ex rel. Davis v. District Court of the Fifth Judicial District

Montana Supreme Court

Decided November 16, 1903No. 1,688PublishedCited by 14 opinions

ApplicatioN for certiorari by, tbe state of Montana, on tbe relation of A. J. Davis, against tbe district court of the Fifth judicial district of such, state.

1Opinion of the Court

MR. COMMISSIONER POORMAN

prepared tbe opinion for tbe court.

This is an original application for writ of certiorari to, have an order of condemnation made by tbe judge of tbe district court annulled on tbe ground that it was made in excess of jurisdiction. Tbe action in which tbe order was made was instituted in tbe district court in Madison county, Montana, for tbe purpose of having a certain stripi of land! therein condemned as a right of way for 'a water ditch. Tbe complaint w:as filed April 10, 1901,.and a summons was issued on that day citing defendant to appear before tbe judge of said…

2Cases cited13 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
  3. State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
  4. State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
  5. City of Helena v. RoganMontana Supreme Court · 1902

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
  2. State v. Bradshaw Land & Livestock Co.Montana Supreme Court · 1935
  3. Van Dyke v. Midnight Sun Mining & Ditch Co.Court of Appeals for the Ninth Circuit · 1910
  4. State Ex Rel. Johnston v. District CourtMontana Supreme Court · 1933
  5. State ex rel. Deck v. District CourtMontana Supreme Court · 1922

9 more not listed; retrieve them via the Exa API.

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