The people's voice. [volume] (Helena, Mont.) 1939-1969, 1943-02-12
REPORT OF WORK
SuPRE
COURT FOR week
DECISIONS:

February 2nd-State ex rel. Jesse
Grant v. Ernest T. Eaton, and others
Original proceedings arising out OF
facts occurring in Lewis and Clark
county. Unanimous opinion of the
court preparade by Justice Hugh
Adair.
Facts: Chapter AZ of the laws of
1941 provides that elected executive
or judicial state officers, who are in
duced into the armed forces may re-
claim their office after the war if
their term has not expired. The chap
| ter also provides for an acting offic-
er's absence. Senator Mahoney is a
holdover senator from Garfield county
but he entered the U. S. army in ac-
tive duty with the commission of
lieutenant The county commission
ers of Garfield county appointed Jesse
Grant as acting senator. Grant was
seated by the senate but Ernest Ea-
ton, the lieutenant governor, refused
to certify his name for payment of
mileage and per diem. Grant asked
the supreme court to compel the pay
ment by mandamus
Held: Chapter AZ of the laws of
1871 does not apply to legislative Of
tuition provides the exclusive methods
by which person can become SEN
ator-one by being elected and the
other, by appointment to fill vacan-
cy caused by death alone. Grant, it
was held, could not qualify in either
of these categories so his petition for
writ of mandamus was denied
February 3rd-State ex rel. Nedra
Fiebrantz " Armstrong. An appeal
from Glacier county, Cut Bank. I'm
animous opinion of the court prepared
by Justice Left Erickson.
Facts: The sheriff of Glacier coun-
ty held number of horses under at
tachment. The relatrix claimed seven
of these animals and filed a third
party calm. The attaching creditor
failed to furnish bond as required
by section 9273. The sheriff refused
to release the horses to the relatrix
and she brought this action against
the sheriff to compel him to release
the horses.
Held: The supreme court affirmed
the district courts ruling in favor of
the relatrix 1t was held that if the
creditor does not file bond
as provided by section 9273 then the
sheriff must release the attachment
on the claim of third party. 1t was
further held that the description of
the animals in the third party claim
was sufficient when designated by
sex, color and brand.
February 5th-R. v. Bottomly, at |
torney general, v. Meagher county.
This is an original proceeding in this |
court arising out of facts occurring in
Meagher county. The unanimous |
opinion of the court was prepared by
Chief Justice Howard A. Johnson. |
District Judge Ben Harwood sat In |
place of Justice Adair who deemed |
himself disqualified
v. District Court. Original proceed
ngi arising out of facts occurring in |
Meagher county. Opinion of the
court by Justice Albert Anderson.
Justice Adair not taking part.
Held Where relator Tony Gaspar
lsked the court for writ of super
yisory control to annul certain orders
made by the District Court in a pro-
)ate proceeding, and where facts have
ranspired and a stipulation has been
made which leave the orders com
blamed of imperative, it was held
hat the proceeding will be dismissed
because there was nothing this court
:ould properly dispose of under its
control powers.
Prepared and Released by:
PETER MELOY, Marshal
Supreme Court of Montana