State ex rel. Kirby v. District Court of the Second Judicial District

Montana Supreme Court

State ex rel. Kirby v. District Court of the Second Judicial District

122 Mont. 632

CourtMontana Supreme Court

DecidedMarch 21, 1949

DocketNo. 8898

StatusPublished

This text of 122 Mont. 632 (State ex rel. Kirby v. District Court of the Second 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.

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State ex rel. Kirby v. District Court of the Second Judicial District, 122 Mont. 632 (Mo. 1949).

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ORDER

Per Curiam:

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, [633]*633R. C. M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585, 189 Pac. (2d) 998, and State ex rel. Lichte v. District Court, 121 Mont. 34, 189 Pac. (2d) 1004, the writ is denied and the proceeding here dismissed.

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

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ORDER

Per Curiam:

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, [633]*633R. C. M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585, 189 Pac. (2d) 998, and State ex rel. Lichte v. District Court, 121 Mont. 34, 189 Pac. (2d) 1004, the writ is denied and the proceeding here dismissed.

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

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122 Mont. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-kirby-v-district-court-of-the-second-judicial-district-mont-1949.

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