(Download) "State Ex Rel. Peery v. Dist. Ct." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Peery v. Dist. Ct.
- Author : Supreme Court of Montana
- Release Date : January 06, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
This is an original proceeding seeking a writ of mandamus, or other appropriate writ. Relators alleged in their petition that they were plaintiffs in an action pending in the district court of the fourth judicial district, in and for the County of Ravalli, wherein they sought to quiet title to certain real estate. That on June 24, 1964, one of the relators filed an affidavit of disqualification against the Honorable Emmet Glore, one of the judges of the fourth judicial district, and concurrently filed an affidavit of disqualification against the Honorable E. Gardner Brownlee, another of the judges of that judicial district. That the Honorable E. Gardner Brownlee as presiding judge, stating in his order that he was acting for himself and Judge Glore, filed an order quashing the affidavits of disqualification on August 18, 1964. That it was the duty of the respondent judges to honor the affidavits of disqualification and call in another judge from another judicial district in accordance with section 93-901, R.C.M. 1947, and that Judge E. Gardner Brownlee - Page 289 was without jurisdiction to make and enter the order. That there is no appeal from said order and no adequate remedy except by an original proceeding. Relators prayed for the issuance of an alternative writ of mandate, or other appropriate writ. Relator further seeks damages by way of costs and attorneys fees.
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