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Osullivan v. District Court

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eBook details

  • Title: Osullivan v. District Court
  • Author : Supreme Court of Montana
  • Release Date : January 21, 1946
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

1. Supervisory control ? When issued. Supervisory control by the Supreme Court over litigation in the trial court is an extraordinary remedy to be exercised only in extraordinary circumstances, and to justify such control an emergency must be shown to exist, or it must be shown that a gross injustice would result from a denial, and absence of other relief must be shown, and mere inconvenience to a party, or delay in final disposition of a cause is insufficient. 2. Courts ? Supervisory control not issued because appeal was adequate. Petition for supervisory control of litigation in the trial court of objections to granting letters testamentary to executrix on the ground of executrix incompetency, filed after demand for a jury trial of competency was denied by the trial court and the matter set for trial without a jury, was denied where the decision in contest of competency would be appealable and any error therein corrected and inconvenience or delay would be the only adverse result from denial of the writ.


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