STATE v. DIST. COURT OF 2ND JUD. DIST. OF ST. OF MONT

Full title: STATE OF MONTANA, on the relation of J.J. KIRBY, RELATOR, v. THE DISTRICT…

Court: Supreme Court of Montana

Date published: Mar 21, 1949

122 Mont. 632 (Mont. 1949)

Opinion

No. 8898.

Decided March 21, 1949.

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

Decided March 21, 1949.

ORDER

Per Curiam:

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, R.C.M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585, 189 P.2d 998, and State ex rel. Lichte v. District Court, 121 Mont. 34, 189 P.2d 1004, the writ is denied and the proceeding here dismissed.