Legal Opinion

Brackman v. Kruse

Montana Supreme Court

Decided October 10, 1947No. 8779Published

1Opinion of the Court

ORDER

Ex parte application made to this court by defendants to stay execution of a judgment rendered against them by the district court of Lewis and Clark county, holding the oleomargarine license law (secs. 2620.43-2620.47, Rev. Codes of Montana 1935) unconstitutional and void, and ordering a perpetual prohibitory injunction enjoining and prohibiting defendants from attempting to collect the license fees provided for in such law. For former opinions in this cause, see 167 Pac. (2d) 588 and 173 Pac. (2d) 896.

Section 9742, Revised Codes, states in what kind of actions an appeal stays execution,…

2Cases cited8 opinions

  1. Finlen v. HeinzeMontana Supreme Court · 1902
  2. State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
  3. State Ex Rel. Westlake v. District Court of First Judicial DistrictMontana Supreme Court · 1946
  4. State ex rel. Brass v. HornMontana Supreme Court · 1908
  5. Sena v. District Court of Fourth Judicial DistrictNew Mexico Supreme Court · 1925

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