BUFFALO v. THIEL

No. 84-80.

691 P.2d 1343 (1984)

Myron BUFFALO, Plaintiff and Appellant, v. Jerry THIEL, Jim Nixon, in his capacity as Constable of Yellowstone County, and Janet Eschler, Justice of the Peace, Defendants and Respondents.

Supreme Court of Montana.

Decided November 15, 1984.


Attorney(s) appearing for the Case

D. Michael Eakin argued, Montana Legal Services, Billings, for plaintiff and appellant.

Radovich Law Firm; George T. Radovich, Billings (argued), for Thiel; Harold Hanser County Atty., Billings, David W. Hoefer, Billings (argued), for Nixon & Eschler, Deputy County Atty., Billings, for defendants and respondents.


GULBRANDSON, Justice.

This is an appeal from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, denying appellant's petition for a writ of certiorari to review an order of the justice court. We reverse the District Court order.

On October 11, 1983, John Lucero rented a room at the Townhouse Motel in Billings under the name of John Santana. He and some friends, including appellant Myron Buffalo, had a party in the room....

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