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HAMMER v. JUSTICE COURT, LEWIS & CLARK COUNTY

No. 85-208.

720 P.2d 281 (1986)

William HAMMER and Karla J. Hammer, Petitioners, v. The JUSTICE COURT OF LEWIS & CLARK COUNTY, State of Montana, Bernard McCarthy, et al., Respondents.

Supreme Court of Montana.

Decided June 10, 1986.

Attorney(s) appearing for the Case

Daniel J. Shea argued, Helena, for petitioners.

Mike Greely, Atty. Gen., Clay Smith argued, Asst. Atty. Gen., Bernard McCarthy, Judge, Justice Court, Nick Jacques, Helena, for respondents.

SHEEHY, Justice.

This is a petition in original jurisdiction for a declaratory judgment that § 3-15-203(2), MCA and Rule 14.F, M.J.R.Civ.P. which require prepayment of jury fees in justice courts are unconstitutional.

This case arises out of a suit brought in Justice Court of Lewis and Clark County by 5-D's Collections against William and Karla Hammer for $1,155.67 for medical services rendered by St. Peter's Community Hospital. The Hammers requested...

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