State Ex Rel. Penhale v. State Highway Patrol

THE HONORABLE WM. F. SHALLENBERGER, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY, delivered the opinion of the court.

This appeal was taken from a judgment granting a peremptory writ of mandate requiring the Montana State Highway Patrol and certain designated officers to return to the relatrix motor vehicle license plates regularly issued for a 1952 Ford Ranch Wagon, title to which is alleged to have stood in the names of “James A. Penhale and/or Mrs. James A. Pen-hale.”

On November 24, 1954, James A. Penhale, husband of the relatrix, became involved in a motor vehicle accident when…