State ex rel. Congdon v. Second Judicial District Court
Montana Supreme Court
Original proceeding. Application for a writ of certiorari. Mr. Justice De Witt stated the case as follows: — This is a writ of certiorari brought to review two orders of the Second Judicial District Court, made in the case of Charles O'Donnell v. Nelson Bennett et al., pending in that court. The case came on for hearing December 16, 1890. The defendants moved for a continuance upon the ground of the absence of evidence.
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Original proceeding. Application for a writ of certiorari. Mr. Justice De Witt stated the case as follows: — This is a writ of certiorari brought to review two orders of the Second Judicial District Court, made in the case of Charles O'Donnell v. Nelson Bennett et al., pending in that court. The case came on for hearing December 16, 1890. The defendants moved for a continuance upon the ground of the absence of evidence. The motion was made upon an affidavit of E. E. Congdon, agent of defendants, setting forth what we may here consider material testimony expected to be obtained by the evidence…
1Opinion of the CourtDe Witt, J.
We Lave recently (State ex ret. Murphy v. District Judge, ante, p. 401) so fully defined our views of the province of the writ of certiorari, that we will now do no more than inquire whether the District Court exceeded its jurisdiction in making the two orders complained of.
The greater portion of relators’ argument is made upon the alleged ground that they offered to proceed with the trial, but were not allowed to do so by the court. Indeed, the record does show that they offered to proceed with the trial. But the record also discloses that they moved for a continuance, and that the…
2Cases cited1 opinion
- Newell v. MeyendorffMontana Supreme Court · 1890
3Cited by4 opinions
- Newell v. NicholsonMontana Supreme Court · 1896
- Ervin v. MilneMontana Supreme Court · 1896
- Apple v. SeaverMontana Supreme Court · 1924
- Boone v. SkinnerSupreme Court of Arkansas · 1908