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

Montana Supreme Court

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

68 P. 411, 26 Mont. 378, 1902 Mont. LEXIS 26

CourtMontana Supreme Court

DecidedMarch 26, 1902

DocketNo. 1,752

StatusPublished

Cited by2 cases

This text of 68 P. 411 (State ex rel. Leyson 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. Leyson v. District Court of the Second Judicial District, 68 P. 411, 26 Mont. 378, 1902 Mont. LEXIS 26 (Mo. 1902).

Pincite

Opinion

ME. CHIEF JUSTICE BRANTLY

delivered tlie opinion of tlie court.

Application for writ of certiorari to review and annul an order of partial distribution made by tbe district court of Silver Bow county in tlie matter of the estate of A. J. Davis, deceased.

The writ is denied, for the reason that an appeal lies from the order complained of, and it therefore cannot be reviewed -by means of certiorari. (Code of Civil Procedure, Sec. 1721; Id. Sec. 1722, Subd. 3; Laws 1899, p. 146; Code of Civil Procedure, Sec. 2832; In re Phillips’ Estate, 18 Mont. 311, 45 Pac. 222; State ex rel. Whiteside v. First Judicial Dist. Court, 24 Mont. 552, 63 Pac. 395; State ex rel. King et al. v. Second Judicial Dist. Court, 24 Mont. 494, 62 Pac. 820.)

Let the application be dismissed.

Dismissed.

(Submitted March 26, 1902. Decided March 27, 1902.-) (Submitted April 14, 1902. Decided April 18, 1902.)

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