Legal Opinion

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

Montana Supreme Court

Decided March 26, 1902No. 1,752PublishedCited by 2 opinions

Certiorari by the state, on the relation of John II. Leyson, administrator of the estate of A. J. Davis, deceased, against the district court of the Second judicial district of the state of Montana, and E. W. Ilarney, judge thereof.

1Opinion of the CourtChief Justice Brantly

delivered tlie opinion of tlie court.

Application for writ of certiorari to review and annul an order of partial distribution made by tbe district court of Silver Bow county in tlie matter of the estate of A. J. Davis, deceased.

The writ is denied, for the reason that an appeal lies from the order complained of, and it therefore cannot be reviewed -by means of certiorari. (Code of Civil Procedure, Sec. 1721; Id. Sec. 1722, Subd. 3; Laws 1899, p. 146; Code of Civil Procedure, Sec. 2832; In re Phillips’ Estate, 18 Mont. 311, 45 Pac. 222; State ex rel. Whiteside v. First Judicial Dist. Court, 24…

2Cases cited3 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. In re Phillips' EstateMontana Supreme Court · 1896

3Cited by2 opinions

  1. State ex rel. Davis v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1903
  2. In re Davis' EstateMontana Supreme Court · 1902

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