[DOWNLOAD] "State Ex Rel. Kober & Kyriss v. Dist. Ct." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Kober & Kyriss v. Dist. Ct.
- Author : Supreme Court of Montana
- Release Date : January 31, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
On January 21, 1966, petitioners filed an application for writ of supervisory control and following an ex parte hearing on that date an order to show cause was issued, returnable at the hour of 10:00 o'clock A.M., on January 31, 1966. On the return day, respondents filed their answer and therein as a third defense alleged: ""The petitioners have an adequate remedy by appeal and, therefore, their application for writ of supervisory control should be denied."" The basis for the application is the entry of a summary judgment in favor of one of the defendants in a civil negligence action under Rule 54(b), M.R.Civ.P., appealable under Rule 1, M.R.App.Civ.P. Petitioners contend the remedy by appeal is inadequate because of the advanced age of the ward of plaintiffs, the length of time the litigation has been pending without trial, the fact that trial could be had in the immediate future if petitioners were not required to follow the appeal procedures, and that no trial can be fairly and intelligently had without presence of the defendant dismissed from the action by virtue of the summary judgment.