[DOWNLOAD] "Chowning v. Madison Land & Irrigation Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Chowning v. Madison Land & Irrigation Co.
- Author : Supreme Court of Montana
- Release Date : January 19, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Supervisory Control Writ — Nuisances — Gaming — Abatement — Fraternal Organizations — Temporary Injunction — Motion to Dissolve — Right of Plaintiff to Present Affidavits and Oral Testimony in Opposition to Motion — Service of Notice of Intention to File Affidavits not Required. Nuisances — Gaming — Abatement — Temporary Injunction — Motion to Dissolve — Right of Plaintiff to Present Affidavits and Oral Testimony in Opposition to Motion to Dissolve. 1. Held, on application for writ of supervisory control to annul an order of the district court made in a proceeding to abate gambling on defendants property in which a temporary injunction had been issued, granting a motion of defendant to dissolve the injunction and denying the plaintiff (the Attorney General in the present instance) the right to present affidavits and oral testimony in opposition to the allegations of the answer and the motion to dissolve, that under section 9250, Revised Codes, the plaintiff had such right and that therefore the district court committed error in denying it. Same — Temporary Injunction — Motion to Dissolve — Purpose of Code section Granting Plaintiff Right to Present Affidavits and Oral Testimony in Opposition to Motion. 2. The purpose of section 9250, supra, prescribing the nature of evidence admissible at the hearing of a motion to dissolve a temporary injunction issued without notice is to allow the parties to present such facts as shall enable the trial court to determine, in its sound discretion, whether or not there is any necessity for keeping the injunction in force pendente lite. Page 401 Same — Gaming Permitted by Fraternal Organization on Premises — Abatement — Quo Warrantor not Proper Remedy. 3. Where in an abatement proceeding it was charged that a fraternal organization, which, as an exception to the anti-gambling law, is granted the right to permit gambling among its members, allowed non-members to do so, contention that the proper remedy was one in quo warrantor, held a question not in the case, the question presented being whether there was violation of the anti-gambling law, not whether the certificate of incorporation of the fraternity was obtained through bad faith or not. Same — Right of Plaintiff in Abatement Proceeding to present Affidavits and Oral Testimony — Service of Notice of Intention to file not Required. 4. Rule No. 1, above, holding that plaintiff in an abatement proceeding in which a temporary injunction was issued has the right to present affidavits and oral testimony at a hearing to dissolve the injunction in opposition to the motion to dissolve, supplemented by the further holding that since defendant knew of the time the hearing would be had, and was advised by section 9250, Revised Codes, of the plaintiffs right in the matter, service of notice of plaintiffs intention to ask leave of court to file affidavits and offer oral testimony was not required.