Legal Opinion

State ex rel. Barnes v. District Court

Montana Supreme Court

Decided April 12, 1921No. 4,825PublishedCited by 3 opinions

Original application for Writ of Prohibition by the State, on the relation of Ed Barnes, directed to the District Court of the Sixteenth Judicial District, in and for the County of Custer, and S. D. McKinnon, a Judge thereof, to stay further action in a search-warrant proceeding instituted under the Prohibition Enforcement Act.

1Opinion of the CourtChief Justice Brantly

Original application for writ of prohibition directed to the district court of Custer county and Honorable S. D. McKinnon, one of its judges, to stay further action in a search-warrant proceeding instituted under the provisions of Chapter 143 of the Session Laws of 1917, commonly called the Prohibition Enforcement Act.

Upon the filing of the petition, an alternative writ was issued. At the hearing on March 14 last, the defendants appeared by counsel and moved that the writ be quashed and the application dismissed on the ground that upon the facts stated in the petition, the relator is not…

2Cases cited3 opinions

  1. State ex rel. Browne v. BooherMontana Supreme Court · 1911
  2. State ex rel. Prato v. District CourtMontana Supreme Court · 1919
  3. State ex rel. Spalding v. BentonMontana Supreme Court · 1892

3Cited by3 opinions

  1. State ex rel. Adamson v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1955
  2. State Ex Rel. Pearl Assurance Co. v. HolmesMontana Supreme Court · 1942
  3. State Ex Rel. Word v. District CourtMontana Supreme Court · 1941

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