The people's voice. [volume] (Helena, Mont.) 1939-1969, 1943-07-16

that the defendant was well and faith
fully represented by counsel. The
order denying the application was af
firmed.
July 9th-State ex rel. Joseph GabeI
v. the District Court of Lewis and
Clark County. Original proceeding in
this court arising out of facts occur
ring in Lewis and Clark county, Hell
ena. Unanimous opinion of the court
prepared by Justice Albert Anderson.
Facts: Gabel wanted to appeal from
judgment in a chattel mortgage
| foreclosure action in which he was
ont the owner of the property but he
did claim an interest in it which was
declared by the court to be inferior
to the plaintiffs mortgage. He was in
doubt as to what kind of a bond
would stay the execution pending
appeal and he petitioned the district
court to determine the character of
1.-THE bond. The district court set the
bond at double the amount of the
judgment under section 9735, Revised
Codes. Gabel contended the regular
undertaking on appeal provided by
section 9734 was sufficient and asked
the Supreme Court for writ of SUI
pervisory control to annul the order
of the district court
Held: The Supreme Court refused
to issue the writ, saying: "In our
view of this matter, the only question
there can be is whether a bond under
section 9735 is required. And as to
that it is for the relator to determine
what he will do. The direction by
the district court that a bond under
section 9735 is required is purely adj
visory and for which there is no au-
thority. 1t is in no way controlling
upon the relator There is no need
Of any order from this court to free
him therefrom. Nor can we advise
the relator what he should do"
July 9th-George kerrigan " Susan
Kerrigan. Appealed from Silver Bow
county, Butte. Unanimous opinion
of the court prepared by Justice Left
Erickson.
Held: Where the district court had
granted a divorce to the plaintiff on
the grounds of extreme cruelty, it |
was held, after reviewing the evid-
ence was sufficient to sustain the
judgment of the court that extreme
cruelty existed.
July 9th-John M. Shields v. Hazel |
A. Shields. Appealed from Silver
Bow county, Butte. Majority opinion |
of the court prepared by Chief Justice |
Howard A. Johnson. Justice Hugh |
Adair and Justice c. F. Morris dis
scented.
Facts: Plaintiff who lives in Silver |
Bow county, filed a divorce action |
against defendant who lives in Mad |
ison county Summons was served |
upon defendant while she was tenn
in Silver Bow county De-
PENDANT moved the court for a change
Of venue contending that since she
was not resident of Silver Bow
county that county was not a proper
place for the trial of that action. The
district court ordered the change of
venue and the plaintiff appealed.
Held: The court held that section
3096, Revised Codes, provides two
places in which trial may be he'd
~ the county where the defendant |,
'esides, or (2) the county where the
plaintiff resides and the defendant
nay be found. Under the facts in
his case either Silver Bow county or
Madison county was a proper place
or the trial. Therefore the change
If venue from Silver Bow county was
erroneous under section 9O97, Revised ,
Codes, which authorizes the change
'nly where the original county is not
! proper one for the trial
ORDERS:
July 2nd-Court denied petition for
ehearing in F. B. Downing " Grip !
ZEN. Appealed from Valley county, :
ilasgow, heretofore reported in these t
eleases. :
Prepared and released by:
PETER MELOY, Marshal il
Montana Supreme Court t