In re Wicks

Montana Supreme Court

In re Wicks

386 P.2d 75, 142 Mont. 614, 1963 Mont. LEXIS 131

CourtMontana Supreme Court

DecidedAugust 19, 1963

DocketNo. 10632

StatusPublished

This text of 386 P.2d 75 (In re Wicks) 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

In re Wicks, 386 P.2d 75, 142 Mont. 614, 1963 Mont. LEXIS 131 (Mo. 1963).

Pincite

Opinion

PER CURIAM.

Paul H. Wicks, an inmate of the Federal Correctional Institution at Sandstone, Minnesota, has filed a request for writ of mandamus. He represents that on April 3, 1963, an application was made to the District Court of Silver Bow County requesting an immediate trial or, in the alternative, that charges pending against him be dismissed.

The Clerk of the Silver Bow County District Court advises that no such application has been filed in his office, nor is there any cause pending before said court involving Wicks.

The writ of mandate issues only where there is no speedy or adequate remedy in the ordinary course of law, and the person seeking it is entitled to have a clear legal duty performed by the inferior tribunal. No such showing is made by the applicant here.

The writ is denied and the proceeding dismissed.

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PER CURIAM.

Paul H. Wicks, an inmate of the Federal Correctional Institution at Sandstone, Minnesota, has filed a request for writ of mandamus. He represents that on April 3, 1963, an application was made to the District Court of Silver Bow County requesting an immediate trial or, in the alternative, that charges pending against him be dismissed.

The Clerk of the Silver Bow County District Court advises that no such application has been filed in his office, nor is there any cause pending before said court involving Wicks.

The writ of mandate issues only where there is no speedy or adequate remedy in the ordinary course of law, and the person seeking it is entitled to have a clear legal duty performed by the inferior tribunal. No such showing is made by the applicant here.

The writ is denied and the proceeding dismissed.

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Bluebook (online)

386 P.2d 75, 142 Mont. 614, 1963 Mont. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wicks-mont-1963.