State Ex Rel. Chisholm v. District Court of the Seventeenth Judicial District

This case is before the Court on a petition for a writ of mandamus pursuant to Section 27-26-101, MCA, Art. VII, Section 2 of the Montana Constitution which allows a petition of supervisory control, and Rule 17, M.R.App.Civ.P., which allows the issuance of extraordinary writs when there is not a speedy and adequate remedy by appeal. We decline to issue the writ.

The relators (Chisholms) filed a suit against Nelson Corscadden for conversion in the District Court of the Seventeenth Judicial District, in and for Valley County, Montana. Before the case came to trial, Corscadden filed for…