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ESTERBY v. JUSTICE COURT OF HELLGATE TOWNSHIP

No. 9175.

256 P.2d 544 (1953)

ESTERBY v. JUSTICE COURT OF HELLGATE TOWNSHIP IN AND FOR MISSOULA COUNTY, et al.

Supreme Court of Montana.

April 30, 1953.

Attorney(s) appearing for the Case

Arnold Olsen, Atty. Gen., Mr. Leif Erickson, Spec. Asst. Atty. Gen., and Wesley Castles, Co. Atty., for appellant.

Shallenberger & Paddock, Missoula, for respondent.

ANGSTMAN, Justice.

The determinative question presented by this appeal is whether the court had jurisdiction to enter the judgment appealed from. This in turn depends upon whether the affidavit of imputed bias and prejudice on the part of the judge was timely filed.

The facts are these: Defendant Catlin, a practicing photographer in Missoula, filed a criminal complaint in the defendant justice court against plaintiff...

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