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

Montana Supreme Court
State ex rel. Kirby v. District Court of the Second Judicial District, 122 Mont. 632 (Mont. 1949)

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

Opinion of the Court

ORDER

Per Curiam:

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

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

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
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