STATE EX REL. SULLIVAN v. DIST. CT.

No. 11387.

433 P.2d 146 (1967)

150 Mont. 203

The STATE of Montana Ex Rel. Mark P. SULLIVAN, County Attorney of Silver Bow County, Relator, v. THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF MONTANA, In and for the County of Silver Bow and The Honorable Victor H. Fall, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided November 2, 1967.


Attorney(s) appearing for the Case

Mark P. Sullivan (argued), Butte, for relator.

Harold Dean, Corette, Smith, Dean & Wellcome, Sam Chase (argued), David Holland (argued), Holland & Holland, Butte, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding in which relator sought an appropriate writ to be directed to respondents. The petition was presented ex parte and an order to show cause was issued returnable October 18, 1967. On the return day a motion to quash, return and answer of the respondents was filed and the matter argued before the court and submitted.

The relator county attorney alleged...

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