From Casetext: Smarter Legal Research

State ex Rel. Erickson v. District Court

Supreme Court of Montana
Apr 12, 1941
112 Mont. 618 (Mont. 1941)

Summary

In State ex rel. Simon v. District Court, 138 Minn. 77, 163 N.W. 797, it was held that such a proceeding "is in form a criminal prosecution, but in substance a civil action"; though the venue could not be changed by a demand from the defendant, as he might do in an ordinary civil case.

Summary of this case from State v. Jeffrey

Opinion

No. 8,209.

Decided April 12, 1941.

Application for writ of supervisory control directed to the District Court of Lewis and Clark County, in the First Judicial District, and Guy C. Derry, a Judge of the Thirteenth District, presiding.

Mr. Robert L. Word, Jr., for Relator.


Decided April 12, 1941.


The relator having filed his verified petition for an alternative writ of supervisory control directed to the above named respondents to review an order made on April 5, 1941, in a matter arising out of the case of Caird Engineering Works v. Seven-Up Gold Mining Co., 111 Mont. 471, 111 P.2d 267, which cause was remanded for a new trial to enable one George Stoner to prove his alleged lien claim, and in which relator Erickson filed an affidavit disqualifying Judge Derry for imputed bias from hearing same, said Judge ordering that the affidavit of disqualification be stricken from the records, it is ordered, after due consideration of the petition, that the alternative writ of supervisory control be, and it is hereby, denied on the ground that if relator is entitled to any relief, it is obtainable on appeal.


Summaries of

State ex Rel. Erickson v. District Court

Supreme Court of Montana
Apr 12, 1941
112 Mont. 618 (Mont. 1941)

In State ex rel. Simon v. District Court, 138 Minn. 77, 163 N.W. 797, it was held that such a proceeding "is in form a criminal prosecution, but in substance a civil action"; though the venue could not be changed by a demand from the defendant, as he might do in an ordinary civil case.

Summary of this case from State v. Jeffrey
Case details for

State ex Rel. Erickson v. District Court

Case Details

Full title:STATE EX REL. SIMON ERICKSON, RELATOR, v. DISTRICT COURT ET AL.…

Court:Supreme Court of Montana

Date published: Apr 12, 1941

Citations

112 Mont. 618 (Mont. 1941)

Citing Cases

State v. Tolberg

The defendant having failed to do so and having continued not only to take part in the state's case in chief…

State v. Rudolph

1 Dunnell, Minn. Dig. (2 ed.) § 827; State v. Jeffrey, 188 Minn. 476, 247 N.W. 692. A late case is State v.…