Legal Opinion · Dissent

Wallace v. Helena Electric Railway Co.

Montana Supreme Court

Decided July 15, 1890Published

In the matter of the application of Frank Langford for a writ of certiorari to review the proceedings of the District Court of the First Judicial District, Lewis and Clarke County, whereby he was found guilty of contempt for violation of an order of injunction issued by Hon. T. J. Galbraith, presiding judge, who was holding court for Hon. William FI. Hunt, judge of said district.

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In the matter of the application of Frank Langford for a writ of certiorari to review the proceedings of the District Court of the First Judicial District, Lewis and Clarke County, whereby he was found guilty of contempt for violation of an order of injunction issued by Hon. T. J. Galbraith, presiding judge, who was holding court for Hon. William FI. Hunt, judge of said district. If any contempt has been committed in this case it is that provided for by subdivision 5, of section 584, page 210, of the Compiled Statutes. This presupposes the existence of a valid writ, or process. The paper…

1Dissent

on rehearing.

De Witt, J.

(dissenting). — The facts of the case are fully stated in the opinion of the court upon the original hearing, July term, 1890. Upon the rehearing, the respondent has more fully presented the question of jurisdiction, upon which point the case ivas originally decided, and cited authorities, which have led me to reform my views, by virtue of which I concurred in that decision. In the learned opinion of the majority of the court just read, the original conclusion is affirmed. I regret that I cannot agree with my associates in that result, and Avill state the grounds of my…

2Cases cited9 opinions

  1. Gale v. MichieSupreme Court of Missouri · 1871
  2. People v. O'NeilCalifornia Supreme Court · 1873
  3. People v. McCauleyCalifornia Supreme Court · 1851
  4. Bear v. . CohenSupreme Court of North Carolina · 1871
  5. Morriss v. Virginia InsuranceSupreme Court of Virginia · 1888

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