State ex rel. Seman v. District Court of the Eighth Judicial District
State ex rel. Seman v. District Court of the Eighth Judicial District
Opinion of the Court
This is an original application for a Writ of Prohibition or for an Order Staying Proceedings in the following circumstances.
On July 22, 1965, in a divorce proceeding between Relator mother and her husband Karol Eugene Seman, an order giving custody of two children of tender ages to their mother, Relator was made.
On September 28, 1965, one Mrs. Gladys LaLiberty, mother of the defendant husband, made oral application to District Judge Truman G. Bradford for custody of the minor children for the announced purpose of taking them to the State Hospital to visit their father.
Without notice or hearing, District Judge Bradford issued an order as follows:
“Upon oral application of MBS. GLADYS LaLIBEBTY, the mother of the Defendant, and the grandmother of the minor children of the parties named;
“IT IS HEBEBY OBDEBED, that the Plaintiff shall deliver to MBS. GLADYS LaLIBEBTY, on October 2, 1965, at 8:00 o’clock A. M., the two (2) children born of said marriage, ANDBEW SEMAN and NANETTE SE-MAN, and MBS. LaLIBEBTY shall take said minor children to the State Hospital at Warm Springs, Montana for the purpose of visiting the Defendant, KABOL EUGENE SEMAN. The minor children shall be returned to the Plaintiff by MBS. GLADYS LaLIBEBTY by 9:00 o’clock P. M., October 3, 1965.”
The order was served on the Belator mother who, on September 30, moved the District Court to set aside the order and dissolve it or at least to conduct a hearing. This Motion was summarily denied; and today, October 1, 1965, this application was made to this Court.
It appearing on the face of the Order and further upon exhibits of the District Court proceedings that the respondent District Court was entirely without jurisdiction to make any such order (see State ex rel. Taylor v. District Court of Eleventh District, 131 Mont. 397, 310 P.2d 779, 64 A.L.R.2d 1324) it is hereby ordered set aside and dismissed.
It is so ordered.
Reference
- Full Case Name
- STATE OF MONTANA ex rel. JEANETTE MARIE SEMAN, Relator v. The DISTRICT COURT of the Eighth Judicial District of the STATE OF MONTANA, in and for the COUNTY OF CASCADE, and the HONORABLE TRUMAN G. BRADFORD, Judge presiding
- Cited By
- 1 case
- Status
- Published