No. 8398.Supreme Court of Montana.
Decided December 14, 1942.
Original application by the State, on the relation of R.V. Bottomly, as Attorney General and individually, for a writ of prohibition directed to the District Court of Lewis and Clark county and its Judges, to prohibit respondents from retaining jurisdiction of a cause entitled State ex rel. George Niewoehner
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v. R.V. Bottomly, an action in the nature of quo warranto, filed in said court on December 10, 1942, challenging the right of defendant Bottomly to the office of Attorney General, relator Bottomly contending that the complaint of said Niewoehner does not state a cause of action and cannot be amended to state one, is sham and frivolous, and does not confer jurisdiction upon respondent court and judges, save and except jurisdiction to dismiss the action.
Decided December 14, 1942.
PER CURIAM.
The writ applied for in the above action is hereby denied.
Messrs, Clarence Hanley, Fred Lay, George S. Smith, Alfred F. Dougherty, Ralph J. Anderson, Charles L. O’Donnell, Jr., Myles J. Thomas, John W. Chapman and Robert L. Word, Jr., for Relator.