State ex rel. Brown v. District Court of Eighth Judicial District

Montana Supreme Court December 2, 1953

State ex rel. Brown v. District Court of Eighth Judicial District, 127 Mont. 618 (Mont. 1953)

363 P.2d 971; 1953 Mont. LEXIS 98

Adair, Anderson, Angst, Bottomly, Freebourn, Man

Opinion of the Court

MR. JUSTICE ANDERSON:

This cause having been consolidated on appeal with No. 9349, State ex rel. Bresnahan v. District Court and involving the same questions, the writ applied for is denied and the proceeding is dismissed for the reasons set forth in State ex rel. Bresnahan v. District Court, 127 Mont. 310, 263 Pac. (2d) 968.

MR. CHIEF JUSTICE ADAIR and MR. JUSTICE ANGST-MAN concur. MR. JUSTICE BOTTOMLY (dissents).

Dissenting Opinion

MR. JUSTICE FREEBOURN:

I dissent for the reasons set forth in my dissenting opinion in the Bresnahan case.

Reference

Full Case Name: STATE OF MONTANA ex rel. EUGENE BROWN, Relator v. DISTRICT COURT OF EIGHTH JUDICIAL DISTRICT, in and for Cascade County, and the HONORABLE C. F. HOLT, a Judge thereof
Status: Published