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BENOLKEN v. MIRACLE

No. 9406.

273 P.2d 667 (1954)

BENOLKEN v. MIRACLE, et al.

Supreme Court of Montana.

Decided May 21, 1954.

Rehearing Denied July 30, 1954.

Attorney(s) appearing for the Case

E.F. Bunker, Lyman H. Bennett, Jr., Bozeman, for appellant. Lyman H. Bennett, Jr., argued the case orally.

Ralph J. Anderson, Helena, for intervenors and respondent.

FREEBOURN, Justice.

This is an original proceeding whereby Leo Benolken, administrator of the estate of Frank A. Benolken, deceased, plaintiff and appellant in this action, by petition filed in this court, sought the stay of an order of the district court which directed defendant, Ralph Miracle, to deposit $3,079.22 in the office of the clerk of the district court, which order was made after notice of appeal from the judgment had been filed and served. This court...

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