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

Montana Supreme Court

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

249 P.2d 1952, 126 Mont. 620, 1952 Mont. LEXIS 49

CourtMontana Supreme Court

DecidedOctober 22, 1952

DocketNo. 9237

StatusPublished

This text of 249 P.2d 1952 (State ex rel. Mitchell v. District Court of the Eighth 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. Mitchell v. District Court of the Eighth Judicial District, 249 P.2d 1952, 126 Mont. 620, 1952 Mont. LEXIS 49 (Mo. 1952).

Pincite

Opinion

Per Curiam.

Original proceedings. Application by the state of Montana on the relation of Viola Mitchell, a non-resident of Montana for a writ of mandate to compel the respondent district court of Cascade county, Montana, to hear and determine upon the merits an action therein commenced on June 25, 1952, by relator as plaintiff against her former husband, Rex W. Thomas, also a non-resident of Montana, wherein relator sought judgment [621]*621awarding her the care and custody of the minor child of the parties and requiring defendant to pay to relator $100 per month for the support of said minor child who at the commencement of said action in the respondent court, prior thereto and at all times since has been and is residing at Raymond, Alberta, Canada, being beyond and without the jurisdiction of the respondent district court.

It is ordered that the writ be denied and the proceedings here be dismissed.

MR. JUSTICE ANGSTMAN:

I think the alternative writ applied for should issue.

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

Per Curiam.

Original proceedings. Application by the state of Montana on the relation of Viola Mitchell, a non-resident of Montana for a writ of mandate to compel the respondent district court of Cascade county, Montana, to hear and determine upon the merits an action therein commenced on June 25, 1952, by relator as plaintiff against her former husband, Rex W. Thomas, also a non-resident of Montana, wherein relator sought judgment [621]*621awarding her the care and custody of the minor child of the parties and requiring defendant to pay to relator $100 per month for the support of said minor child who at the commencement of said action in the respondent court, prior thereto and at all times since has been and is residing at Raymond, Alberta, Canada, being beyond and without the jurisdiction of the respondent district court.

It is ordered that the writ be denied and the proceedings here be dismissed.

MR. JUSTICE ANGSTMAN:

I think the alternative writ applied for should issue.

Cite This Page — Counsel Stack

Bluebook (online)

249 P.2d 1952, 126 Mont. 620, 1952 Mont. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mitchell-v-district-court-of-the-eighth-judicial-district-mont-1952.