State Ex Rel. Westlake v. District Court of First Judicial District

Relators seek a writ requiring respondents district court and judge thereof to set aside an order striking plaintiff’s complaint in intervention from the files in the action entitled O. L. Brackman, Plaintiff v. Albert H. Kruse, Commissioner of Agriculture of the State of Montana, and Thomas E. McMasters, Dairy Commissioner, Defendants.

That action was brought for a declaratory judgment determining that the imposition of license fees on sellers of oleomargarine by section 2620.45, Revised Codes, is unconstitutional and void.

The relators’ petition to intervene was accompanied by their tendered…