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STATE EX REL. CHISHOLM v. DISTRICT COURT

No. 86-190.

731 P.2d 324 (1986)

STATE, ex rel., Thomas and Donald CHISHOLM, Relators, v. The DISTRICT COURT OF the SEVENTEENTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF VALLEY, the Hon. R.C. McDonough, the District Judge Presiding, Respondents.

Supreme Court of Montana.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Erik B. Thueson, Great Falls, for relators.

Habedank, Cumming, Best, Maltese & Savage; Robert Savage argued, Sidney, Russell McDonough, Dist. Court Judge, Glendive, for respondents.

HARRISON, Justice.

This case is before the Court on a petition for a writ of mandamus pursuant to § 27-26-101, MCA, Art. VII, § 2 of the Montana Constitution which allows a petition of supervisory control, and Rule 17, M.R.App.Civ.P., which allows the issuance of extraordinary writs when there is not a speedy and adequate remedy by appeal. We decline to issue the writ.

The relators (Chisholms) filed a suit against Nelson Corscadden for conversion...

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