State Ex Rel. Advance-Rumely Thresher Co. v. District Court

Montana Supreme Court

State Ex Rel. Advance-Rumely Thresher Co. v. District Court

290 P. 1121, 86 Mont. 616, 1930 Mont. LEXIS 35

Montana Supreme Court·Decided February 6, 1930·No. No. 6,650.·Published

Opinion

PER CURIAM.

The petition for a writ of mandate herein is denied. Conceding that the amended answer does not present any new issue, that the affirmative defense is no better, and that the counterclaim is unwarranted, all of which appears probable, though not now decided, the district court has jurisdiction of the cause in which the order complained of was made, and upon the facts presented we cannot say it has not the jurisdiction to make it. Therefore it had the power to decide wrong as well as right, and its discretion cannot be controlled by mandamus.

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PER CURIAM.

The petition for a writ of mandate herein is denied. Conceding that the amended answer does not present any new issue, that the affirmative defense is no better, and that the counterclaim is unwarranted, all of which appears probable, though not now decided, the district court has jurisdiction of the cause in which the order complained of was made, and upon the facts presented we cannot say it has not the jurisdiction to make it. Therefore it had the power to decide wrong as well as right, and its discretion cannot be controlled by mandamus.

State Ex Rel. Advance-Rumely Thresher Co. v. District Court, 290 P. 1121, 86 Mont. 616, 1930 Mont. LEXIS 35 (Mo. 1930).

Pincite

290 P. 1121 (State Ex Rel. Advance-Rumely Thresher Co. v. District Court) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.