State ex rel. McFadden v. District Court of Fifth Judicial District

Montana Supreme Court
State ex rel. McFadden v. District Court of Fifth Judicial District, 120 Mont. 379 (Mont. 1947)
186 P.2d 95
Adair, Angstman, Choate, Gibson, Metcalf

State ex rel. McFadden v. District Court of Fifth Judicial District

Opinion of the Court

MR. JUSTICE CHOATE

delivered the opinion of the court:

The facts and questions of law involved in this case are similar to those considered in State ex rel. Coleman v. District Court, Mont., 186 Pac. (2d) 91, and arose out of the same accident there involved.

On the authority of that case the writ of mandate sought herein is hereby ordered to issue.

MR. CHIEF JUSTICE ADAIR, and ASSOCIATE JUSTICES GIBSON, ANGSTMAN, and METCALF concur.

Reference

Full Case Name
STATE of MONTANA ex rel. FRANK C. McFADDEN, Administrator of the Estate of HARRIS GARRETT, Relator and v. DISTRICT COURT of FIFTH JUDICIAL DISTRICT of the STATE of MONTANA in and for COUNTY of BEAVERHEAD, and HONORABLE LYMAN H. BENNETT, Judge Thereof, and
Status
Published