State ex rel. Nissler v. Donlan
Montana Supreme Court
Obiginal application by the state, on relation of Christine Nissler and others, for prohibition to restrain Michael Donlan, as judge of the district court of the -second judicial district, for the county of Silver Bow, and to restrain such court, from proceeding to hear a motion to confirm the report of a referee on objections to the account of J. K. Ileslet as executor of the last will and testament of Christian Nissler, deceased.
Read the full summary
Obiginal application by the state, on relation of Christine Nissler and others, for prohibition to restrain Michael Donlan, as judge of the district court of the -second judicial district, for the county of Silver Bow, and to restrain such court, from proceeding to hear a motion to confirm the report of a referee on objections to the account of J. K. Ileslet as executor of the last will and testament of Christian Nissler, deceased. Statement op the Case by the Justice Deliveeing the Opinion. Application for writ of prohibition. On May 1, 1904, J. K. Heslet, executor of the last will and…
1Opinion of the CourtChief Justice Bbantlt
Much was said during the argument in this court as to whether, under the rules adopted by the judges for the apportionment of business and the assignment of judges, Judge Mc-Clernan had authority to make the order reserving to his department the determination of the controversy over the execu*261tor’s account. The contention was made by relators that since by virtue of the order of reference, the report of the referee was made to Judge McClernan, for this reason he, sitting in department 1, had jurisdiction of the matter, notwithstanding the rules. Counsel for respondents contend that, inasmuch…
2Cases cited5 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
- Martin v. De LogeMontana Supreme Court · 1895
- State ex rel. King v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Murphy v. PattersonMontana Supreme Court · 1901
3Cited by29 opinions
- Ex parte N. K. Fairbank Co.District Court, M.D. Alabama · 1912
- Grant v. MichaelsMontana Supreme Court · 1933
- State ex rel. Carleton v. District CourtMontana Supreme Court · 1905
- In Re Woodside-Florence Irr. Dist.Montana Supreme Court · 1948
- State v. KacarMontana Supreme Court · 1925
24 more not listed; retrieve them via the Exa API.