Legal Opinion · Concurrence

State ex rel. Aho v. Justice Court

Montana Supreme Court

Decided June 24, 1957No. 9736Published

1Concurrence

MR. JUSTICE ANGSTMAN:

I concur in the result reached in the foregoing opinion, but do not agree with the reasons given for the result.

Some of the cases relied on differ from this on the facts. Thus State ex rel. Allen v. Hawkins, 33 Mont. 177, 82 Pac. 952, *589was one wherein an attempt was made to appeal- from an order sustaining a motion to quash an alternative writ of prohibition and sustaining a demurrer to the petition.

Pentz v. Corscadden, 49 Mont. 581, 144 Pac. 157, was an attempted appeal from an order sustaining a demurrer.

State ex rel. Bole v. Lay, 89 Mont. 541, 300 Pac. 238, was an…

2Cases cited6 opinions

  1. Kline v. MurrayMontana Supreme Court · 1927
  2. State ex rel. Adamson v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1955
  3. Pentz v. CorscaddenMontana Supreme Court · 1914
  4. State Ex Rel. Bole v. LayMontana Supreme Court · 1931
  5. State ex rel. Allen v. HawkinsMontana Supreme Court · 1905

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