State ex rel. Blackwood v. Lutes
State ex rel. Blackwood v. Lutes
Opinion of the Court
This is an appeal from an order of the district court, which
The specifications of error are four in number. They are:
“1. The Court erred in refusing to grant to the appellants a hearing upon the merits on March 21, 1963.
“2. The Court erred in conditioning the further hearing as against the respondent Mary Lutes upon the depositing of an injunction bond to protect the respondent, School District No. 7, Gallatin County, Montana.
“3. The Court erred in dismissing this action without a hearing.
“4. The Court erred in dismissing this proceeding by reason of failure to deposit an injunction bond.”
It is obvious that all of the specifications of error go to the propriety of the district court in requiring as a condition to relief the posting of a bond in the amount of $100,000. We considered this same matter in our previous opinion, except that, as we noted we did not have the record of testimony and assumed the district court’s recital correct.
We have reviewed the testimony and find that there was sufficient substantial testimony upon which the District Judge might, as he did, exercise his discretion in requiring a bond to be posted. We held there that in view of the size of the bond issue and the other factors recited in the order and opinion of the district court, that the bond requirement was
Reference
- Full Case Name
- The STATE OF MONTANA ex rel. C. B. BLACKWOOD and BOYD BOYLAN, and v. MARY LUTES, County Superintendent of Schools of Gallatin County, Montana, and School District No. 7, Gallatin County, Montana, and
- Status
- Published