Legal Opinion

State Ex Rel. Hamshaw v. Justice Court

Montana Supreme Court

Decided March 1, 1939No. 7,887PublishedCited by 2 opinions

1Opinion of the CourtJustice Angstman

This is an appeal by defendants from a peremptory writ of prohibition entered by the district court prohibiting them from entertaining and assuming jurisdiction of an action pending in the defendant court.

The appeal presents the single question whether defendants have jurisdiction of the action. The action therein pending was instituted by Jens C. Peterson against relator Hamshaw and others. The complaint by Peterson charges that on December 4, 1937, he was in the actual and peaceable possession of certain mining property described by legal subdivisions; that on that day and while he was so…

2Cases cited11 opinions

  1. State ex rel. Hillis v. SullivanMontana Supreme Court · 1913
  2. Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
  3. State ex rel. McGowan v. SedgwickMontana Supreme Court · 1912
  4. Spellman v. RhodeMontana Supreme Court · 1905
  5. Cashman v. VickersMontana Supreme Court · 1924

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Grossman v. State, Dept. of Natural ResourcesMontana Supreme Court · 1984
  2. Nelson v. City of Billings and MMIAMontana Supreme Court · 2018

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