Montana Supreme Court, 1902

State ex rel. Hennessy v. District Court of the Second Judicial District

Montana Supreme Court · Decided February 11, 1902 · Beantly, Burst, Mil, Pigott

26 Mont. 274; 67 P. 625; 1902 Mont. LEXIS 8

Cases that cite this one

5 later published cases cite this decision.

State Ex Rel. Barron v. District Court of Thirteenth Judicial District Ex Rel. Stillwater County (Mont. 1946)
State Ex Rel. O'Sullivan v. District Court of Tenth Judicial Dist. Ex Rel. Fergus County (Mont. 1946)
State Ex Rel. Word v. District Court (Mont. 1941)
State ex rel. Bonners Ferry Lumber Co. v. District Court (Mont. 1924)
In re Von Klein (Or. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Concurring Opinion

Mr. Justice Pigott:

I concur.

Mn. Justice Mil-burst:

I concur in the result.

Opinion of the Court

ME. CHIEF JUSTICE BEANTLY

delivered the opinion of the court.

Application for a writ of supervisory control. Petition was filed in the district court of Silver Bow county by plaintiff in a suit therein pending for an order permitting a survey and inspection of a mining claim. The order was denied for the reason that, in the opinion of the district court, the plaintiff failed to show any interest in himself in the property in controversy.

The writ is denied, for the reason that the question involved, if properly reserved, may be reviewed on appeal from the judgment finally rendered in the cause, and no exigency is shown requiring immediate interference by this court; and also be*275cause to grant it would require tbis court prematurely to- pass upon the question of title, and thus adjudicate the ultimate rights of the parties, which must be1 done by the district court-in the first instance.

Writ denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.