State v. Second Judicial District Court of Silver Bow County

• Decision Date: 31 May 1900
• Citation: 61 P. 309,24 Mont. 238
• Parties: STATE ex rel. BAKER v. SECOND JUDICIAL DISTRICT COURT OF SILVER BOW COUNTY et al.
• Court: Montana Supreme Court

61 P. 309

24 Mont. 238

STATE ex rel. BAKER v. SECOND JUDICIAL DISTRICT COURT OF SILVER BOW COUNTY et al.

Supreme Court of Montana

May 31, 1900

Application for certiorari by the state, on relation of B. L. Baker against the Second judicial district court for Silver Bow county, and William Clancy, the judge thereof.Denied.

J. E Healy, for relator.

PER CURIAM.

This is an application for a writ of certiorari to review the proceedings of the district court of Silver Bow county in an action wherein one W. G. Pfouts is the plaintiff, and the relator herein the defendant.The affidavit in support of the application shows that on the 21st day of December, 1896, a complaint was filed in the action mentioned, stating that the defendant was indebted to the plaintiff in the sum of $449.40, the balance of an account for goods, wares, and merchandise sold and delivered by the plaintiff to the defendant between the 21st day of December, 1889, and the 29th day of December, 1891, which remained unpaid; that the answer contains a plea of the statute of limitations, which was put in issue by the reply; that at the trial the defendant moved the court for judgment upon the ground that the cause of action alleged was barred by the provisions of subdivision 1 of section 514 of the Code of Civil Procedure; that the motion was denied, and that the court rendered judgment for the plaintiff; that the relator "has attempted to appeal from said judgment, but has been unable to furnish the necessary bonds or security on appeal, the said W. G. Pfouts excepting to the sufficiency of the sureties of relator."The purpose of the present application is to set aside the judgment, the relator asserting that the district court was without jurisdiction.

The relator contends that the...