STATE EX REL. HARGRAVES v. DISTRICT COURT THIRTEENTH JUDICIAL DISTRICT

No. 9740.

304 P.2d 1118 (1957)

STATE of Montana ex rel. George W. HARGRAVES, Relator, v. DISTRICT COURT of the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, in and for the COUNTY of YELLOWSTONE, The Honorable Guy C. Derry, Presiding, Respondents.

Supreme Court of Montana.

January 5, 1957.


Attorney(s) appearing for the Case

Mouat & Overfelt, Billings, Ralph J. Anderson and Stanley P. Sorenson, Helena, for appellant.

Andall & Moses, Billings, for respondent.


PER CURIAM.

Pursuant to the provisions of R.C.M. 1947, sections 93-8003, subd. 2 and 93-8004, subd. 3, and upon the authority of Demos v. Doepker, 115 Mont. 183, 141 P.2d 372.

It is ordered that the motion of the respondent District Court and District Judge for an order quashing the alternative Writ of Prohibition heretofore issued herein be, and it is, granted and said Alternative Writ is vacated and set aside.

It is further ordered that the Peremptory...

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