STATE v. DISTRICT COURT OF THE TENTH JUDICIAL DISTRICT

No. 9494.

278 P.2d 1000 (1955)

STATE of Montana, ex rel. E.C. CLARK and Evan Owens, Relators, v. DISTRICT COURT OF THE TENTH JUDICIAL DISTRICT, Fergus County, and the Honorable Victor H. Fall, Judge Presiding, Respondents.

Supreme Court of Montana.

January 20, 1954.


Attorney(s) appearing for the Case

G.J. Jeffries, Roundup, Howard C. Gee, Lewistown, argued orally, for relators.

Ralph J. Anderson, Helena, argued orally, and Stanley P. Sorenson, Helena, for respondent.


ADAIR, Chief Justice.

On rehearing allowed and, on Jan. 7, 1955, had.

Original proceeding. Petition for supervisory control.

On February 18, 1954, R.B. Fraser and Rosabelle Fraser, his wife, as plaintiffs, commenced in the district court of Yellowstone County, a civil action against E.C. Clark and Evan Owens, as defendants, wherein a writ of attachment issued, directed to the sheriff of Fergus County who executed the same by attaching and taking into...

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