State ex rel. Fraser v. District Court of the Thirteenth Judicial District

Montana Supreme Court

State ex rel. Fraser v. District Court of the Thirteenth Judicial District

425 P.2d 326, 148 Mont. 443, 1966 Mont. LEXIS 346

CourtMontana Supreme Court

DecidedOctober 24, 1966

DocketNo. 11238

StatusPublished

This text of 425 P.2d 326 (State ex rel. Fraser v. District Court of the Thirteenth 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

State ex rel. Fraser v. District Court of the Thirteenth Judicial District, 425 P.2d 326, 148 Mont. 443, 1966 Mont. LEXIS 346 (Mo. 1966).

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Opinion

PER CURIAM:

In this original proceeding, following ex parte presentation of relators’ petition seeking a writ of supervisory control, an order to show cause was issued on October 18, 1966, returnable on October 24, 1966. Answer was filed thereto and the matter argued before the court on the return day.

The majority of the court are of the opinion that a writ of supervisory control should not issue and for that reason the relief requested is denied. That portion of the order to show cause which provided for a stay of the writ of prohibition issued by the respondent court is revoked and annulled. The proceeding is dismissed.

MR JUSTICES CASTLES and JOHN CONWAY HARRISON, being of the opinion that a writ of supervisory control should issue, dissent from the foregoing Opinion and Order.

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PER CURIAM:

In this original proceeding, following ex parte presentation of relators’ petition seeking a writ of supervisory control, an order to show cause was issued on October 18, 1966, returnable on October 24, 1966. Answer was filed thereto and the matter argued before the court on the return day.

The majority of the court are of the opinion that a writ of supervisory control should not issue and for that reason the relief requested is denied. That portion of the order to show cause which provided for a stay of the writ of prohibition issued by the respondent court is revoked and annulled. The proceeding is dismissed.

MR JUSTICES CASTLES and JOHN CONWAY HARRISON, being of the opinion that a writ of supervisory control should issue, dissent from the foregoing Opinion and Order.

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Bluebook (online)

425 P.2d 326, 148 Mont. 443, 1966 Mont. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fraser-v-district-court-of-the-thirteenth-judicial-district-mont-1966.