State ex rel. Grice v. Dist. Court of Second Judicial Dist.

Citation37 Mont. 590
Case DateNovember 13, 1908
CourtUnited States State Supreme Court of Montana

37 Mont. 590

STATE ex rel. GRICE
v.
DISTRICT COURT OF SECOND JUDICIAL DIST.
et al.

Supreme Court of Montana.

Nov. 13, 1908.


Original proceeding by the state, on the relation of John R. Grice, against the district court of the Second judicial district and George M. Bourquin, judge thereof, to review a proceeding in the district court. Proceeding in district court dismissed.


John J. McHatton, Jas.
T. Fitzgerald, Peter Breen, Jas. H. Baldwin, Jesse B. Roote, and Wight & Pew, for relator.

Jas. E. Murray, for respondents.


SMITH, J.

On September 17, 1908, the above-named relator, who is an attorney at law and justice of the peace, residing at Butte, filed in this court a petition wherein he alleged that James E. Murray, the county attorney of Silver Bow county, had theretofore filed in the district court of said county, before George M. Bourquin, one of the judges thereof, an affidavit, in which the said Murray charged the relator with being guilty of a contempt of court, by reason of having published a certain letter in a newspaper called the Butte Miner, and that said judge had issued an order requiring the relator to show cause why he should not be punished for contempt. The petition then alleges that said court and judge are “without jurisdiction to proceed against your petitioner; that said affidavit does not state facts sufficient to constitute a contempt.” On the strength of this petition a writ was issued out of this court directing the respondents to send to this court a transcript of the record and proceedings in said contempt matter for review. In compliance with that order, the respondents have certified up the record of the proceedings in the court below. That record shows that the county attorney filed an affidavit in the district court wherein he alleged that on September 12, 1908, the relator had caused to be published in the Butte Miner newspaper a letter or statement, of which the following is a part: “To the Butte Miner: On Saturday, September 5, 1908, a motion to strike from the answer of respondents in the proceeding entitled cause No. A-1564, State of Montana ex rel. Thomas Dunbar, plaintiff, versus John R. Grice, Justice of the Peace, and Charles Rowe, Constable, was filed, argued and submitted to George M. Bourquin, judge of Department Two of the district court of the second judicial district of the State of Montana, in and for the county of Silver Bow. The said judge took the same under advisement, and on Saturday, September 12, 1908, overruled the same. On Wednesday, September 9, 1908, the said judge was disqualified by an affidavit of said constable from proceeding to exercise further jurisdiction in the premises, because of the fact that an intimated opinion (his own) had been given before the merits of the proceeding had been presented to him for consideration. Notwithstanding the facts, which are of record, the said Judge Bourquin handed down a decision in which he properly overruled the motion to strike, but after having been put in the clear because...

To continue reading

Request your trial
7 practice notes
  • Creekmore v. United States, 4591.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 17, 1916
    ...Circuit Court, 69 Iowa, 177, 28 N.W. 548; Hughes v. Territory, 10 Ariz. 119, 85 P. 1058, 6 L.R.A. (N.S.) 572; State v. District Court, 37 Mont. 590, 97 P. 1032. To the same effect, as applied to an information by a public prosecutor, is Emery v. State, 78 Neb. 547, 111 N.W. 374, 9 L.R.A. (N......
  • State ex rel. Hall v. Niewoehner, No. 8564.
    • United States
    • December 26, 1944
    ...and belief render the affidavit insufficient but this court has held to the contrary. See State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032, and State ex rel. Young v. District Court, 102 Mont. 487, 58 P.2d 1243. The motion to quash asserts that this proceeding is violative of......
  • State ex rel. Montana State University v. District Court, Fourth Judicial Dist., No. 9850
    • United States
    • Montana United States State Supreme Court of Montana
    • October 31, 1957
    ...or taken under advisement after argument. State ex rel. Nissler v. Donlan, 32 Mont. 256, 80 P. 244; State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032; State ex rel. Gold Creek Mining Co. v. District Court, 99 Mont. 33, 43 P.2d 249. However, these cases are to be distinguished ......
  • State ex rel. Gold Creek Mining Co. v. Dist. Court, No. 7406.
    • United States
    • February 5, 1935
    ...of Judge Downey to decide upon the application for filing an amended answer. In the case of State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032, this court held that where a disqualifying affidavit was filed after a motion to strike portions of a pleading had been submitted and ......
  • Request a trial to view additional results
7 cases
  • Creekmore v. United States, 4591.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 17, 1916
    ...Circuit Court, 69 Iowa, 177, 28 N.W. 548; Hughes v. Territory, 10 Ariz. 119, 85 P. 1058, 6 L.R.A. (N.S.) 572; State v. District Court, 37 Mont. 590, 97 P. 1032. To the same effect, as applied to an information by a public prosecutor, is Emery v. State, 78 Neb. 547, 111 N.W. 374, 9 L.R.A. (N......
  • State ex rel. Hall v. Niewoehner, No. 8564.
    • United States
    • December 26, 1944
    ...and belief render the affidavit insufficient but this court has held to the contrary. See State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032, and State ex rel. Young v. District Court, 102 Mont. 487, 58 P.2d 1243. The motion to quash asserts that this proceeding is violative of......
  • State ex rel. Montana State University v. District Court, Fourth Judicial Dist., No. 9850
    • United States
    • Montana United States State Supreme Court of Montana
    • October 31, 1957
    ...or taken under advisement after argument. State ex rel. Nissler v. Donlan, 32 Mont. 256, 80 P. 244; State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032; State ex rel. Gold Creek Mining Co. v. District Court, 99 Mont. 33, 43 P.2d 249. However, these cases are to be distinguished ......
  • State ex rel. Gold Creek Mining Co. v. Dist. Court, No. 7406.
    • United States
    • February 5, 1935
    ...of Judge Downey to decide upon the application for filing an amended answer. In the case of State ex rel. Grice v. District Court, 37 Mont. 590, 97 P. 1032, this court held that where a disqualifying affidavit was filed after a motion to strike portions of a pleading had been submitted and ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT