STATE v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT

No. 10600.

384 P.2d 490 (1963)

The STATE of Montana ex rel. Winetta CLINE and Donald H. Cline, Relators v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF MISSOULA and the Honorable E. Gardner Brownlee, one of the Judges thereof, Respondents.

Supreme Court of Montana.

Decided August 5, 1963.

Rehearing denied September 4, 1963.


Attorney(s) appearing for the Case

Harold L. Garnaas (argued), Thomas F. Murray (argued), Missoula, for appellants.

E. Gardner Brownlee (argued), Donovan Worden, Jr. (argued), Missoula, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding wherein on May 29, 1963, a petition for an appropriate writ was filed with this court and heard ex parte. From the petition it appeared that on May 10, 1963, judgments were entered against the Coca-Cola Bottling Co. of Missoula, Montana, and Robert E. Teal, in favor of relator plaintiffs upon jury verdicts returned on May 9, 1963, following a jury trial.

On May 15, 1963, relators filed affidavits...

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