Legal Opinion

Wallace v. Helena Electric Railway Co.

Montana Supreme Court

Decided July 15, 1890Published

In the matter of the application of Frank Langford for a writ of certiorari to review the proceedings of the District Court of the First Judicial District, Lewis and Clarke County, whereby he was found guilty of contempt for violation of an order of injunction issued by Hon. T. J. Galbraith, presiding judge, who was holding court for Hon. William FI. Hunt, judge of said district.

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In the matter of the application of Frank Langford for a writ of certiorari to review the proceedings of the District Court of the First Judicial District, Lewis and Clarke County, whereby he was found guilty of contempt for violation of an order of injunction issued by Hon. T. J. Galbraith, presiding judge, who was holding court for Hon. William FI. Hunt, judge of said district. If any contempt has been committed in this case it is that provided for by subdivision 5, of section 584, page 210, of the Compiled Statutes. This presupposes the existence of a valid writ, or process. The paper…

1Opinion

ON REHEARING.

Harwood, J.

The application for a writ of certiorari in this case was heard and determined at the July term of this court. {See same case, ante, p. 24.) Petition for rehearing was filed and granted. The jurisdictional question upon which the case was determined is worthy of the careful and extensive consideration which it has received; and in finally announcing our conclusions, some observations will be made upon the authorities cited, and the reasons urged by plaintiff’s counsel for a different construction of the constitutional provision governing the question than that…

2Cases cited11 opinions

  1. People v. HurstMichigan Supreme Court · 1879
  2. Board of Supervisors v. ArrighiMississippi Supreme Court · 1877
  3. Gale v. MichieSupreme Court of Missouri · 1871
  4. Tyler v. ConnollyCalifornia Supreme Court · 1884
  5. People v. O'NeilCalifornia Supreme Court · 1873

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