State ex rel. Chicago, Milwaukee & St. Paul Ry. Co. v. Gibb
Montana Supreme Court
Appeal from District Court, Custer County; Daniel L. O’Hern, Judge. , Certiorari by the State, on the relation of the Chicago, Milwaukee & St. Paul Railway Company, against John Gibb, Justice of the Peace in and for Miles City Township, Custer County. From a judgment setting aside a judgment of the justice court, defendant appeals.
1Opinion of the CourtJustice Matthews
Certiorari. In March, 1918, issue was joined in a civil action in the justice court at Miles City; nothing further was done in the case until April 1, 1919, when the justice of the peace set the cause for April 5, but on that date made an entry continuing the ease “for the present.” Later June 2, 1919, was fixed as the day of trial, but on that day the justice of the peace was absent from the city. The cause was then set for trial on June 16, 1919, and counsel given written notice thereof. On June 16, the defendant not appearing within one hour, judgment was entered for the plaintiff.…
2Cases cited5 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Chadwick v. ChadwickMontana Supreme Court · 1887
- State ex rel. Grissom v. Justice CourtMontana Supreme Court · 1904
- In re SearlesMontana Supreme Court · 1912
- State ex rel. Akin v. WilliamsMontana Supreme Court · 1915
3Cited by1 opinion
- State Ex Rel. General Oil Corp. v. KellyMontana Supreme Court · 1933