State ex rel. Nelson v. District Court of the Fourth Judicial District

Montana Supreme Court

State ex rel. Nelson v. District Court of the Fourth Judicial District

344 P.2d 145, 136 Mont. 615, 1959 Mont. LEXIS 93

CourtMontana Supreme Court

DecidedSeptember 18, 1959

DocketNo. 10068

StatusPublished

This text of 344 P.2d 145 (State ex rel. Nelson v. District Court of the Fourth 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. Nelson v. District Court of the Fourth Judicial District, 344 P.2d 145, 136 Mont. 615, 1959 Mont. LEXIS 93 (Mo. 1959).

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Opinion

PER, CURIAM.

Relatrix and respondents having entered into a stipulation wherein it is agreed that an order may be entered in the district court vacating the temporary injunction and order to show cause therein and dismissing the petition for such restraining order and, further, that this proceeding may be dismissed without prejudice to right of relatrix to maintain a separate action for such costs, damages and attorney’s fees as she may have suffered or incurred by reason of the proceedings here and in the district court and that the hearing on the return of the writ heretofore issued and returnable on this date may be vacated ;

Now therefore by virtue of said stipulation it is ordered that this proceeding be dismissed without prejudice to right of relatrix to maintain further proceedings in the district court as provided by the terms of said stipulation.

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PER, CURIAM.

Relatrix and respondents having entered into a stipulation wherein it is agreed that an order may be entered in the district court vacating the temporary injunction and order to show cause therein and dismissing the petition for such restraining order and, further, that this proceeding may be dismissed without prejudice to right of relatrix to maintain a separate action for such costs, damages and attorney’s fees as she may have suffered or incurred by reason of the proceedings here and in the district court and that the hearing on the return of the writ heretofore issued and returnable on this date may be vacated ;

Now therefore by virtue of said stipulation it is ordered that this proceeding be dismissed without prejudice to right of relatrix to maintain further proceedings in the district court as provided by the terms of said stipulation.

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Bluebook (online)

344 P.2d 145, 136 Mont. 615, 1959 Mont. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nelson-v-district-court-of-the-fourth-judicial-district-mont-1959.