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WILSHIRE INS. CO. v. CARRINGTON

No. 13735.

570 P.2d 301 (1977)

WILSHIRE INSURANCE COMPANY, a California Corporation, and Gene Streitz, Petitioners and Respondents, and Cross Appellant, v. Janice S. CARRINGTON, Justice of the Peace, Missoula County, Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Robert L. Deschamps, III, argued, County Atty., Missoula, for respondent and appellant.

Skelton & Knight, Missoula, Robert R. Skelton, argued, Missoula, for petitioners and respondents, and cross appellant.

HARRISON, Justice:

Petitioners, Wilshire Insurance Company (Wilshire) and Gene Streitz, respondents herein, brought an action for a writ of mandamus seeking to require appellant Missoula County Justice of the Peace Janice S. Carrington, to accept respondents' bail bonds. Following a hearing the district, Missoula County, granted the requested writ and in addition awarded $175 in damages and attorney fees of $500 to respondents.

Appellant thereafter moved for...

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