Legal Opinion

State ex rel. Weinstein Co. v. District Court of the First Judicial District

Montana Supreme Court

Decided June 29, 1903No. 1,949PublishedCited by 3 opinions

OeigiNal application for certiorari by tbe state, on tbe relation of tbe Weinstein Company, to tbe district court of tbe First judicial district and Hon. J. M. Clements, a judge thereof, to have an order annulled as in excess of jurisdiction.

1Opinion of the CourtChief Justice Brantly

delivered tbe opinion of tbe court.

Certiorari to tbe district court of Lewis and Clarke county. On May 9, 1903, tbe relator brought an action in that court in claim and delivery against one Thomas Travis to recover tbe possession of certain dry goods, hardware and jewelry. Tbe complaint is in tbe ordinary form, alleging title and right of possession in plaintiff. It further alleges “that tbe defendant became possessed of tbe said goods and chattels, and wrongfully detains tbe same from the plaintiff,” and has refused . to return them to tbe plaintiff, though demand has been made for them, to…

2Cases cited7 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. Bordeaux v. BordeauxMontana Supreme Court · 1902
  4. State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
  5. State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Camp v. Oakland Mortgage & Finance Co.California Supreme Court · 1928
  2. State ex rel. Prato v. District CourtMontana Supreme Court · 1919
  3. State ex rel. Weisz v. District CourtMontana Supreme Court · 1921

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