STATE v. DISTRICT COURT OF FIFTH JUDICIAL DISTRICT

No. 9580.

295 P.2d 1042 (1956)

The STATE of Montana ex rel. David S. JOHNSON, Relator, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT of the State of Montana, in and for the COUNTY OF JEFFERSON, the Honorable Philip C. Duncan, Now Presiding Judge, and the Honorable John B. McClernan, once PResiding Judge, Respondents.

Supreme Court of Montana.

April 5, 1956.


Attorney(s) appearing for the Case

John F. McGough, Boulder, Maury, Shone & Sullivan, and H. L. Maury, Butte, for relator.

H. Loundes Maury, Butte, argued orally for relator.

Howard A. Johnson and Keith P. Johnson, Butte, for respondents.

Howard A. Johnson, Butte, argued orally for respondents.


ANGSTMAN, Justice.

This is an application by David S. Johnson for a writ of supervisory control or other appropriate original writ. Relator challenges the procedure taken in an action by Jalmir Mining Company, a corporation, plaintiff, v. David S. Johnson, defendant. The application was first denied in toto by this court. On motion for rehearing a majority of the members of this court thought the application should be granted in part,

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