Legal Opinion

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

Montana Supreme Court

Decided March 21, 1949No. 8898Published

1Opinion of the Court

ORDER

2Per curiam

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, *633R. C. M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585, 189 Pac. (2d) 998, and State ex rel. Lichte v. District Court, 121 Mont. 34, 189 Pac. (2d) 1004, the writ is denied and the proceeding here dismissed.

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

3Cases cited2 opinions

  1. State Ex Rel. Woodard v. District Court of Fourteenth Judicial DistrictMontana Supreme Court · 1948
  2. State Ex Rel. Lichte v. District Court of Fifth Judicial DistrictMontana Supreme Court · 1948