State ex rel. Brass v. Horn
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Mandamus by the state, on tbe relation of John Brass, to-compel Charles Horn, as police judge of the city of Helena, to transfer a charge against relator to the nearest justice of the peace of said” city. From a judgment awarding the writ, respondent appeals.
1Opinion of the CourtChief Justice Brantly
On May 20, 1907, the relator was, by complaint filed in the police court of the city of Helena, charged under an ordinance with disturbing the peace. Having been arrested and brought into court, he entered his plea of not guilty, and thereupon made his application to the court, upon affidavit setting forth his grounds therefor, for a transfer of the cause for trial to the nearest justice of the peace in the city. The application was. denied. Thereupon he applied to the district court of Lewis; and Clark county for a writ of mandamus to compel the transfer to be made. After a hearing, the…
2Cases cited6 opinions
- Finlen v. HeinzeMontana Supreme Court · 1902
- Black v. BlackMontana Supreme Court · 1905
- Snell v. WelchMontana Supreme Court · 1903
- State ex rel. Begeman v. NaptonMontana Supreme Court · 1891
- State ex rel. Coad v. Judge of the Ninth Judicial District CourtMontana Supreme Court · 1899
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- Carlson v. City of HelenaMontana Supreme Court · 1909
- Gill v. RafnMontana Supreme Court · 1958
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