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STATE EX REL. GILREATH v. DISTRICT COURT OF FIRST JUDICIAL DIST., LEWIS AND CLARK COUNTY

No. 9342.

265 P.2d 651 (1954)

STATE ex rel. GILREATH et al. v. DISTRICT COURT OF FIRST JUDICIAL DIST., LEWIS AND CLARK COUNTY, et al.

Supreme Court of Montana.

Rehearing Denied February 4, 1954.

Attorney(s) appearing for the Case

Skedd & Harris, Multz & Hanley, Lloyd J. Skedd, Helena, for relators.

Floyd O. Small, Clayton R. Herron, Helena for respondents.

FREEBOURN, Justice.

Application for a writ of prohibition. Relators secured a verdict, at the hands of a jury, upon trial of an action for damages in the district court. The trial judge being disqualified, Judge R.M. Hattersley was called in upon motion for a new trial and granted such motion. It is relators' contention that the action of Judge Hattersley in granting such new trial came too late.

On July 29, 1953, Judge Hattersley, after arguments made by...

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