STATE v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT

No. 10960.

403 P.2d 634 (1965)

The STATE of Montana ex rel. Clarence S. DANIELS, Relator, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF MISSOULA, and the Honorable Victor H. Fall, Presiding Judge, Respondents.

Supreme Court of Montana.

April 29, 1965.


Attorney(s) appearing for the Case

Thomas P. Hendricks, Missoula, for relator.


PER CURIAM.

Relator by petition seeks issuance of a writ of prohibition directing respondents to cease and desist from enforcing an order vacating and setting aside two execution sales.

This court has previously held that whether or not an execution sale shall be set aside on motion is addressed to the sound discretion of the trial court. State ex rel. Coffey v. District Court, etc., 74 Mont. 355, 240 P. 667.

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