Gray v. Bohart

MR. CHIEF JUSTICE HARRISON:

This matter has been before this court on two previous occasions. The first was a petition for writ of mandate, which was denied in Cause No. 9507, State ex rel. Gray v. District Court, 128 Mont. 621, 278 Pac. (2d) 1005, on January 22, 1955. This was followed by an appeal from the judgment which appeal was dismissed in Cause No. 9518, Bohart v. Gray, 128 Mont. 622, 279 Pac. (2d) 698, on February 8, 1955. On May 6, 1955, the instant action was instituted for the purpose of vacating and setting aside the judgment heretofore appealed from. To this complaint a demurrer…