State Ex Rel. New York Life Insurance Co. v. Elwell

Montana Supreme Court

State Ex Rel. New York Life Insurance Co. v. Elwell

28 P.2d 187, 94 Mont. 608, 1933 Mont. LEXIS 105

CourtMontana Supreme Court

DecidedApril 7, 1933

DocketNo. 7,136.

StatusPublished

This text of 28 P.2d 187 (State Ex Rel. New York Life Insurance Co. v. Elwell) 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. New York Life Insurance Co. v. Elwell, 28 P.2d 187, 94 Mont. 608, 1933 Mont. LEXIS 105 (Mo. 1933).

Pincite

Opinion

PER CURIAM.

Relator’s application for writ of certiorari is denied. From the application it appears that Honorable Charles B. Elwell, Judge of the Eighteenth Judicial District (now the Twelfth District), at the request of Honorable John Hurley, Judge of the Seventeenth Judicial District, presided in the trial of the cause of Ruth J. Parke v. New York Life Insurance Company, at Glasgow, Montana, resulting in a judgment in favor of plaintiff; that thereafter defendant filed and served notice of intention to move for a new trial; that defendant’s motion for a new trial was overruled by Judge Elwell; and that defendant’s proposed bill of exceptions, to which plaintiff proposed amendments, which amendments the defendant accepted, notifying Judge Elwell thereof, was thereafter settled by Judge Elwell at his chambers in Havre, Montana.

*609 Mr. W. D. Kyle and Mr. Charles B. Leonard, for Relator.

In the circumstances, .the action of Judge Elwell in settling the bill of exceptions at his chambers at Havre was ex parte and authorized by the provisions of Chapter 53 of the Session Laws of the Eighteenth Legislative Assembly (Laws of 1923, p. 111). We therefore hold that the action of Judge Elwell in settling the bill of exceptions on March 25, 1933, was within his jurisdiction, and upon the facts stated clearly within Judge Elwell’s authority.

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

PER CURIAM.

Relator’s application for writ of certiorari is denied. From the application it appears that Honorable Charles B. Elwell, Judge of the Eighteenth Judicial District (now the Twelfth District), at the request of Honorable John Hurley, Judge of the Seventeenth Judicial District, presided in the trial of the cause of Ruth J. Parke v. New York Life Insurance Company, at Glasgow, Montana, resulting in a judgment in favor of plaintiff; that thereafter defendant filed and served notice of intention to move for a new trial; that defendant’s motion for a new trial was overruled by Judge Elwell; and that defendant’s proposed bill of exceptions, to which plaintiff proposed amendments, which amendments the defendant accepted, notifying Judge Elwell thereof, was thereafter settled by Judge Elwell at his chambers in Havre, Montana.

*609 Mr. W. D. Kyle and Mr. Charles B. Leonard, for Relator.

In the circumstances, .the action of Judge Elwell in settling the bill of exceptions at his chambers at Havre was ex parte and authorized by the provisions of Chapter 53 of the Session Laws of the Eighteenth Legislative Assembly (Laws of 1923, p. 111). We therefore hold that the action of Judge Elwell in settling the bill of exceptions on March 25, 1933, was within his jurisdiction, and upon the facts stated clearly within Judge Elwell’s authority.

Cite This Page — Counsel Stack

Bluebook (online)

28 P.2d 187, 94 Mont. 608, 1933 Mont. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-new-york-life-insurance-co-v-elwell-mont-1933.