STATE v. DISTRICT COURT

No. 9212.

246 P.2d 813 (1952)

STATE ex rel. GREEN v. DISTRICT COURT OF FOURTH JUDICIAL DIST. IN AND FOR MISSOULA COUNTY et al.

Supreme Court of Montana.

July 31, 1952.


Attorney(s) appearing for the Case

Shallenberger & Paddock, Missoula, for relator.

Robert W. O'Donovan, Missoula, for respondents.


ANGSTMAN, Justice.

This is an application for a writ of prohibition.

The facts are these: J.O. Elliott & Son brought action against relator in the respondent court; verdict was returned in favor of Green and judgment in his favor was entered on January 28, 1952; on the same day notice of entry thereof was served on plaintiff in that action; on January 29, 1952, plaintiff in that action filed and served motion for new trial and noticed the same for hearing...

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