(DOWNLOAD) "State Et Al. v. District Court Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Et Al. v. District Court Et Al.
- Author : Supreme Court of Montana
- Release Date : January 22, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Prohibition ? Contempt ? Receivers ? Title to Property not Triable in Contempt Proceeding ? Power of District Court to Enforce Orders ? Jurisdiction ? Insufficiency of Affidavit Charging Contempt ? Bill of Particulars Available to Contemnor ? Review by Certiorari. Contempt ? Motion to Quash Citation in Effect Demurrer. 1. A motion to quash a citation for contempt of court performs the same office as a demurrer. Same ? Title to Real Property not Triable in Proceeding. 2. Title to real property cannot be tried in a contempt proceeding. Same ? Power of District Court to Enforce Orders in Receivership Matter, Irrespective of Title to Property. 3. Where the district court issues proper receivership orders, it has the authority to enforce them and protect the receivers possession of the property (mining claims) turned over to him, irrespective of where the title thereto lay. - Page 282 Same ? Proceeding Essentially Criminal ? Right of Contemnor to Demand Bill of Particulars. 4. Since a contempt proceeding is essentially criminal in character, it is subject to the rules of procedure applicable to criminal cases; hence, where the affidavit charging contempt is deemed insufficient in detail by contemnor to advise him of the charge he was required to meet, he is entitled, as he would be in a criminal case, to demand a bill of particulars. Same ? When Supreme Court will not Arrest Proceedings by Prohibition. 5. The supreme court will arrest proceedings of the trial court in a contempt matter (or any other) by writ of prohibition only when they are in excess of its jurisdiction; the right of the district court to hear and determine the matter before it, i.e., its jurisdiction, carrying with it the right to make a wrong decision. Same ? Absence of Appeal ? Review by Writ of Certiorari Available. 6. While there is no appeal from a judgment of contempt, the action of the district court in that behalf may be reviewed by the supreme court on writ of certiorari.
 "State Et Al. v. District Court Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}