State ex rel. Mutual Benefit Life Insurance v. First Judicial District Court
Montana Supreme Court
Application for writ of mcmdmms to compel the district court to hear proof, and determine on its merits an application for the appointment of a receiver. Statement of the case by the j ustice delivering the opinion.
Read the full summary
Application for writ of mcmdmms to compel the district court to hear proof, and determine on its merits an application for the appointment of a receiver. Statement of the case by the j ustice delivering the opinion. The object of this action is correctly stated in the opening paragraph of the brief of the relator, as follows : ‘ ‘ This is an application for a writ of mandamus to compel the district court of Lewis and Clarke county (department No. 1), to assume jurisdiction of, and hear and determine on its merits, an application or motion for the appointment of a receiver in an action now…
1Opinion of the CourtDe Witt, J.
The writ of mandamus may be invoked to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust, or station. (Code of Civil Procedure, § 566.) The writ of mandamus may require the district court to act.
We are of opinion that the answer of the court in this case shows that the court did act upon the application for the appointment of a receiver. The demurrer confesses that all the allegations of the answer are true. It is therefore true that the court gave all the parties ample opportunity to introduce oral or other testimony upon the point of…
2Cases cited3 opinions
- Thorp v. FreedMontana Supreme Court · 1872
- Horsky v. MoranMontana Supreme Court · 1893
- Fant v. TandyMontana Supreme Court · 1888
3Cited by1 opinion
- State v. HughesMontana Supreme Court · 1926