State ex rel. Daniels v. District Court of the Fourth Judicial District
State ex rel. Daniels v. District Court of the Fourth Judicial District
145 Mont. 406; 403 P.2d 634; 1965 Mont. LEXIS 482
State ex rel. Daniels v. District Court of the Fourth Judicial District
Opinion of the Court
Relator by petition seeks issuance of a writ of prohibition directing respondents to cease and desist from enforcing an order vacating and setting aside two execution sales.
This court has previously held that whether or not an execution sale shall be set aside on motion is addressed to the sound discretion of the trial court. State ex rel. Coffey v. District Court, etc., 74 Mont. 355, 240 P. 667.
For this reason, the application is denied and the proceeding is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.