Legal Opinion · Concurrence

State ex rel. Middlemas v. District Court

Montana Supreme Court

Decided March 29, 1956No. 9681Published

1Concurrence

MR. JUSTICE ANGSTMAN:

(concurring specially).

I concur in the result reached in the foregoing opinion, *87particularly since we were advised on the oral argument before this court that the principal, if not the only, ground of contesting by habeas corpus the imprisonment of Bishop, is his alleged inability to make payment of the sums due under the decree of divorce as modified. That was one of the issues, if not the only issue, before Judge Loucks in the contempt matter in which Judge Padbury ruled that he (himself) was disqualified. The issues in the two proceedings being shown to be identical,…

2Cases cited2 opinions

  1. State ex rel. Nixon v. Second Judicial District CourtMontana Supreme Court · 1894
  2. State Ex Rel. Houtchens v. District Court of Fourth Judicial DistrictMontana Supreme Court · 1948

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