State ex rel. Brurud v. Workers' Compensation Court

549 P.2d 1081, 168 Mont. 522, 1976 Mont. LEXIS 728

Opinion

ORDER

An adversary hearing having been held on the petition for writ of mandate to direct respondent court and judge to rule immediately on relator’s claim;

This Court finds, concludes and holds that a writ of mandate should not issue herein for the following reasons:

1. The essential facts necessary to determination of the issue herein are not in the record before us. Section 93-9107, R.C.M.1947.

2. The remedy at law is adequate. Section 93-9103, R.C.M. 1947. Stewart v. State, 135 Mont. 323, 340 P.2d 151, and cases cited therein.

3. Relator has failed to carry his burden of proving respondent’s failure to perform a clear legal duty. State ex rel. Lucier v. Murphy, 156 Mont. 186, 478 P.2d 273, and cases cited therein.

Accordingly the petition is denied without prejudice.