Goff v. State
This text of 374 P.2d 862 (Goff v. State) 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.
Opinion
The petitioner has previously been before this Court on a petition for a writ of habeas corpus which was denied. See Goff v. State of Montana, 139 Mont. 641, 367 P.2d 557. Having failed to secure his release from prison through his petition for a writ of habeas corpus, petitioner now seeks to invoke the Uniform Declaratory Judgments Act, sections 93-8901 through 93-8916, E.C.M.1947, to get this court to answer some fifty-five interrogatories, and to accomplish through this method what he sought to accomplish by his previous habeas corpus petition.
Petitioner fails to understand the purpose of the Declaratory Judgment statutes which are civil and not criminal remedies.
[606]*606For this reason the petition must be and is denied and the proceeding ordered dismissed.
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Cite This Page — Counsel Stack
374 P.2d 862, 141 Mont. 605, 1962 Mont. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goff-v-state-mont-1962.