State ex rel. Independent Publishing Co. v. Smith
Montana Supreme Court
Application for mandamus by the state, on the relation of the Independent Publishing Company, a corporation, and others, relators, against D. E. Smith, Judge of the District Court of the Eleventh Judicial District, in and for Flathead County. Respondent demurs to the petition. Mandamus lies to compel the performance of an act which the law specially enjoins as a duty.
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Application for mandamus by the state, on the relation of the Independent Publishing Company, a corporation, and others, relators, against D. E. Smith, Judge of the District Court of the Eleventh Judicial District, in and for Flathead County. Respondent demurs to the petition. Mandamus lies to compel the performance of an act which the law specially enjoins as a duty. (Code of Civil Procedure, Sec. 1961.) The statute makes it the duty of the court upon the filing of a proper affidavit to grant the change. There is no discretion to be exercised. The defendants are entitled as of right to the…
1Per curiam
— This is an application for a peremptory writ of mandate to compel the judge of the district court of the county of Flathead to cause to be entered an order changing the place of trial in a certain action commenced and pending in that court, wherein one Whiteside is the plaintiff and the relators are the defendants, to the county of Lewis and Clarke. An„ alternative writ was issued, the verified petition in support of which shows these facts: The action was brought to recover damages for alleged libels published by the defendants in the county of Flathead; all the defendants were served with…
2Cases cited9 opinions
- Krumdick v. CrumpCalifornia Supreme Court · 1893
- State ex rel. Cummings v. Superior CourtWashington Supreme Court · 1893
- Herbert v. BeathardSupreme Court of Kansas · 1882
- People ex rel. Clark v. McRobertsIllinois Supreme Court · 1881
- People ex rel. Meminger v. SextonCalifornia Supreme Court · 1864
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3Cited by13 opinions
- State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
- State ex rel. Interstate Lumber Co. v. District CourtMontana Supreme Court · 1918
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State ex rel. Martin v. Superior CourtWashington Supreme Court · 1917
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.