Montana labor news., 1946-12-12
SUPREME COURT DECISIONS

the Court prepared by Justice Albert
II. Angstman.
Held: The Court affirmed a quiet
title judgment involving ~allegedly VOID
deed proceedings which concerned az
a claim that the land vas exempt from
taxation because it was Indian trust
patent land. and l2) a claim that no
tice of application for tax deed was
not served in the M required by
law.
Nov. 1ith-State ex rel. Williams v.
Henry. Original proceeding arising in
Powell County. Deer Lodge. Unani-
nous opinion of the Court prepared
by Justice Albert II. Angstman.
Held: The supreme Court denied
the relief sought by Williams. now i'm
prisoned in the State ~Penitentiary, in
a habeas corpus proceedings. The
point of law involved was whether the
sentence imposed by the lower court
was in excess of that prescribed by
law.
Nov. 16th-State ex rel. Graveley ".
District Court. An original proceeding
from Powell County. Deer Lodge. Ma
iority opinion of the Court prepared
by Justice Albert II. Angstman. JUS
liice Hugh X. Adair dissented.
Held: The Supreme Court directed
a writ of supervisory control to issue
to vacate an order of the District
Court which had given a divorced
wife the right to remove the children
of the marriage from the state of Mon
tana. the basis Of the decision being
that there was no showing that ii,
would be to the welfare Of the child
state.
Nov. 16th-In the Matter OF the Es-
tate Of Edward Graft. Appealed from
Silver Bow County. Butte. Unanimous
opinion Of the Court prepared by JUS
tice Edwin X. Cheadle.
Held: The Court affirmed an order
sustaining the objections to the ap-
pointment of Carl Graft as administra-
tor of Edward Crafts estate and
granting letters Of administration to
the Public Administrator. The sole
question involved was the competency
Of appellant Carl Graft to act as ad-
ministrator. by reason of want Of in
tegrity. as found by the trial court.
Nov. 22nd-State ex rel. EngIe v.
District Court. An original proceeding
from Yellowstone County, Billings. IN
animous opinion of the Court pre-
pared by Justice Edwin X. Cheadle.
Held: On petition for rehearing the
Supreme Court withdrew its original
opinion promulgated September "a,
1916. and substituted a new opinion.
The proceeding involved the assuming
OF jurisdiction by the District Court,
on a writ of mandate, a petition d.
rected against the Buffalo Creek Graz
ing District. The petition in the Dis
trict Court concerned the classified
ton and allotments Of the members OF
the Grazing District Court. The
Supreme Court denied the application
for a writ Of prohibition, holding that
the District Court had properly as
sumed jurisdiction. The Supreme
Court refrained from expressing any
opinion on the merits OF the action n
the District Court.
Nov. 26th-Great Western Sugar Co
v. Sam w. Mitchell, Sec. Of State
Appealed from Lewis and Clark Coun
ty, Helena. Majority opinion OF the
Court prepared by Justice Albert Fl
Angstman. Justice Edwin X. Cheadlt
dissenting.
Held: On rehearing in an action t
recover a foreign corporation license
tax paid under protest and in which
demurrer to the complaint was over
ruled and judgment entered after M
further plea, it was held Judgment b.
the demurrer to the complaint. TIL,
question was as to the additional fe'
for increased capital stock represent
ed in Montana. whether measured b.
tHe Idle pIoNiueu III IHdptcl o., La"
of 1915. or by the rate provided II
Chapter 1863, Laws of 1881 (now SEE
145.4). The Court held as cOntende'
by the defendant that the rate shout,
be measured by Chapter 1863 Of tn
Laws of 1881.
Summaries prepared and release
by PETER MELOY, Reporter,