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

Montana Supreme Court·Decided October 24, 1966·No. No. 11238·Published

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.

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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425 P.2d 326 (State ex rel. Fraser v. District Court of the Thirteenth Judicial District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.