State ex rel. Lund v. District Court of the Eighth Judicial District

Montana Supreme Court

State ex rel. Lund v. District Court of the Eighth Judicial District

553 P.2d 974, 170 Mont. 335, 1976 Mont. LEXIS 610

Montana Supreme Court·Decided June 21, 1976·No. No. 13412·Published

Opinion

ORDER

PER CURIAM:

Original proceeding.

Relator seeks a writ of prohibition to restrain and prohibit the respondent from proceeding further in the trial of an action entitled “Valarie A. Lund, Plaintiff, vs. Kenneth A. Lund, Defendant”, being cause No. 76405-C in the respondent court.

Counsel was heard ex parte, transcript of the hearing furnished this Court, as well as brief, and the Court having reviewed the matter and it appearing that the district judge has retained jurisdiction over the child, custody of which is the present matter at issue, and intends to give a hearing to the Mother [336]*336thereof upon return of the child to Montana from a temporary vacation leave in the custody of the Father, we find no abuse of the court’s discretion nor any act in excess of the court’s jurisdiction, and since the entire cause now before the court involves only a temporary matter, we decline to grant the relief requested. This proceeding is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

PER CURIAM:

Original proceeding.

Relator seeks a writ of prohibition to restrain and prohibit the respondent from proceeding further in the trial of an action entitled “Valarie A. Lund, Plaintiff, vs. Kenneth A. Lund, Defendant”, being cause No. 76405-C in the respondent court.

Counsel was heard ex parte, transcript of the hearing furnished this Court, as well as brief, and the Court having reviewed the matter and it appearing that the district judge has retained jurisdiction over the child, custody of which is the present matter at issue, and intends to give a hearing to the Mother [336]*336thereof upon return of the child to Montana from a temporary vacation leave in the custody of the Father, we find no abuse of the court’s discretion nor any act in excess of the court’s jurisdiction, and since the entire cause now before the court involves only a temporary matter, we decline to grant the relief requested. This proceeding is dismissed.

State ex rel. Lund v. District Court of the Eighth Judicial District, 553 P.2d 974, 170 Mont. 335, 1976 Mont. LEXIS 610 (Mo. 1976).

Pincite

553 P.2d 974 (State ex rel. Lund v. District Court of the Eighth Judicial District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.