From Casetext: Smarter Legal Research

State ex Rel. Niewoehner v. Mitchell

Supreme Court of Montana
Jun 16, 1942
113 Mont. 617 (Mont. 1942)

Opinion

No. 8,340.

Decided June 16, 1942.

Mr. George Niewoehner, pro se.


Decided June 16, 1942.


On the authority of Cause No. 8330, Gullickson v. Mitchell, 113 Mont. 359, 126 P.2d 1106, and of Glenn v. Ryan, 144 Kan. 363, 58 P.2d 1077, relator's application for an alternative writ of mandate is hereby denied.

On June 18, 1942, relator filed his petition for a rehearing of his application. The court on that petition ruled as follows: "There being no rule or authority for the filing of a petition for rehearing of an order denying an alternative writ of mandate, the petition therefor filed by relator is hereby ordered stricken from the files." (Concurred in by CHIEF JUSTICE JOHNSON and ASSOCIATE JUSTICES ANDERSON and MORRIS.)


"While it is true the Rules of this court do not provide for a petition for rehearing of an order denying an alternative writ, yet I think we should treat such a motion as an application for reconsideration and consider the motion on its merits. I think instead of striking it from the files it should have been considered and denied with the reasons given therefor."


Summaries of

State ex Rel. Niewoehner v. Mitchell

Supreme Court of Montana
Jun 16, 1942
113 Mont. 617 (Mont. 1942)
Case details for

State ex Rel. Niewoehner v. Mitchell

Case Details

Full title:STATE EX REL. GEORGE NIEWOEHNER, RELATOR, v. SAM W. MITCHELL, SECRETARY OF…

Court:Supreme Court of Montana

Date published: Jun 16, 1942

Citations

113 Mont. 617 (Mont. 1942)

Citing Cases

State v. Bottomly

Thereupon Niewoehner, on June 12, 1942, filed in this court a petition seeking a writ of mandate to compel…

State ex Rel. Hall v. Niewoehner

The decision therein has been cited with approval and followed by the courts of California, Kentucky, Utah…