Legal Opinion

State ex rel. Heinze v. District Court

Montana Supreme Court

Decided July 3, 1905No. 2,213PublishedCited by 13 opinions

Original application for a writ of supervisory control by the state, on the relation of F. Augustus Heinze, against the district court of the second judicial district and George M. Bourquin, a judge thereof.

1Opinion of the CourtJustice Milbubn

The petitioner asks for a writ of supervisory control directed to the district court of Silver Bow county and Honorable George M. Bourquin, a judge thereof. The facts relied upon all appear in a former case determined by this court, wherein a writ of prohibition was asked and refused. (State ex rel. Heinze v. District Court et al., 32 Mont. 394, 80 Pac. 673.)

The writ of supervisory control is one to be seldom issued, and then only when other writs may not issue and other remedies are inadequate, and when the acts of the court complained of as threatened will be arbitrary, unlawful, and so far…

2Cases cited1 opinion

  1. State ex rel. Heinze v. District CourtMontana Supreme Court · 1905

3Cited by13 opinions

  1. State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
  2. State ex rel. Clark v. District Court of the Tenth Judicial DistrictMontana Supreme Court · 1955
  3. State ex rel. Bonners Ferry Lumber Co. v. District CourtMontana Supreme Court · 1924
  4. McVay v. McVayMontana Supreme Court · 1954
  5. State Ex Rel. Larsen v. District CourtMontana Supreme Court · 1927

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