[DOWNLOAD] "Roush v. District Court Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Roush v. District Court Et Al.
• Author : Supreme Court of Montana
• Release Date : January 30, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Submitted December 18, 1935. Mandamus ? District Courts ? Setting of Cause Before at Issue ? Vacation of Order Proper. Supreme Court ? Writs ? Original Jurisdiction ? Disputed Questions of Fact Disregarded. 1. Where, on application to the supreme court under its original jurisdiction for a writ (mandamus) the court is advised that the facts are not in dispute, the cause will be considered on the facts which are admitted and the allegations of the petition which are denied in the answer disregarded. District Court Rules have the Effect of Law. 2. Rules of the district court, when not in conflict with any statute, have the effect of law. Trial Practice ? When Cause ""at Issue."" 3. A case is ""at issue"" when the parties to the action have filed all their pleadings, i.e., when pleading has ended. Mandamus ? District Court ? Setting of Cause for Trial Before at Issue Properly Vacated. 4. Held, on application for writ of mandate to compel the district court to set a cause for trial, after filing of answer, because then at issue within the meaning of its rules and subdivision 1 of section 9326, Revised Codes 1921, that where a cause had been set after answer filed containing affirmative matter requiring a reply and a reply was filed, that the court properly granted a motion to vacate the setting of the cause, as at the time it was set it was not at issue.

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