State v. Dist. Court of 2nd Jud. Dist. of St. of Mont.

Montana Supreme Court
State v. Dist. Court of 2nd Jud. Dist. of St. of Mont., 122 Mont. 632 (Mont. 1949)
209 P.2d 1021; 1949 Mont. LEXIS 37
Per Curiam:

State v. Dist. Court of 2nd Jud. Dist. of St. of Mont.

Opinion of the Court

Decided March 21, 1949.

ORDER

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, *Page 633 R.C.M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585,189 P.2d 998, and State ex rel. Lichte v. District Court, 121 Mont. 34,189 P.2d 1004, the writ is denied and the proceeding here dismissed.

Reference

Full Case Name
State of Montana, on the Relation of J.J. Kirby, Relator v. the District Court of the Second Judicial District of the State of Montana in and for the County of Silver Bow and the Honorable John B. McClernan and the Honorable T.E. Downey, Judges Thereof, and Frank J. Gabse, Clerk of Said Court
Status
Published