Fuchs v. District Court of the Fourth Judicial District

Montana Supreme Court

Fuchs v. District Court of the Fourth Judicial District

458 P.2d 776, 153 Mont. 485, 1969 Mont. LEXIS 462

CourtMontana Supreme Court

DecidedSeptember 19, 1969

DocketNo. 11751

StatusPublished

This text of 458 P.2d 776 (Fuchs v. District Court of the Fourth Judicial District) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuchs v. District Court of the Fourth Judicial District, 458 P.2d 776, 153 Mont. 485, 1969 Mont. LEXIS 462 (Mo. 1969).

Pincite

Opinion

WRIT OF CERTIORARI

PER CURIAM.

TO THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, STATE OF MONTANA, IN AND FOR THE COUNTY OF LAKE, DEPARTMENT NO. 1, EMMET GLORE PRESIDING:

WHEREAS, HERBERT J. FUCHS, Petitioner in the above-entitled Cause, on the 19th day of September, 1969, having-filed his Application for Writ of Certiorari or Other Appropriate Writ with this Court for the purpose of reviewing the Sentence imposed upon him by the Respondent District Court in the above-captioned matter, to-wit: To serve ten (10) days-imprisonment in the Lake County Jail as punishment for contempt of court, which Sentence is reflected in the minute entry of Cause No. 6356 on file with the Clerk of Court, Lake-County, Montana, and

[486]*486WHEREAS, Petitioner’s Application having been properly filed before this Court and after argument by his counsel having been heard and the District Court file having been reviewed, and

WHEREAS, it is apparent on the face of the minute entry that the Sentence of the Respondent District Court exceeds the jurisdiction vested in it by Section 93-9810, R.C.M.1947.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that this Writ, of Certiorari issue modifying the Judgment of Contempt made against HERBERT J. FUCHS in Cause No. 6356, on file with the Lake County Clerk of Court and that the Sentence therein imposed be reduced to the statutory maximum of 5 days.

Free access — add to your briefcase to read the full text and ask questions with AI

WRIT OF CERTIORARI

PER CURIAM.

TO THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, STATE OF MONTANA, IN AND FOR THE COUNTY OF LAKE, DEPARTMENT NO. 1, EMMET GLORE PRESIDING:

WHEREAS, HERBERT J. FUCHS, Petitioner in the above-entitled Cause, on the 19th day of September, 1969, having-filed his Application for Writ of Certiorari or Other Appropriate Writ with this Court for the purpose of reviewing the Sentence imposed upon him by the Respondent District Court in the above-captioned matter, to-wit: To serve ten (10) days-imprisonment in the Lake County Jail as punishment for contempt of court, which Sentence is reflected in the minute entry of Cause No. 6356 on file with the Clerk of Court, Lake-County, Montana, and

[486]*486WHEREAS, Petitioner’s Application having been properly filed before this Court and after argument by his counsel having been heard and the District Court file having been reviewed, and

WHEREAS, it is apparent on the face of the minute entry that the Sentence of the Respondent District Court exceeds the jurisdiction vested in it by Section 93-9810, R.C.M.1947.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that this Writ, of Certiorari issue modifying the Judgment of Contempt made against HERBERT J. FUCHS in Cause No. 6356, on file with the Lake County Clerk of Court and that the Sentence therein imposed be reduced to the statutory maximum of 5 days.

Cite This Page — Counsel Stack

Bluebook (online)

458 P.2d 776, 153 Mont. 485, 1969 Mont. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuchs-v-district-court-of-the-fourth-judicial-district-mont-1969.