109 Mont. 221 95 P.2d 446

STATE ex Rel. SAFEWAY STORES, INC., Relator, v. DISTRICT COURT et al., Respondents.

(No. 7,915.)

(Submitted October 4, 1939.

Decided October 27, 1939.)

[95 Pac. (2d) 446.]

*222 Mr. Mf G. .Kremer and Mr. Bex TP. Henningsen, for Relator, submitted a brief; Mr. Kremer argued the cause orally.

Mr. H. L. Mmry and Mr. A. G. Shone for Respondent; Mr. Shone argued the cause orally.

MR. JUSTICE ANG-STMAN

delivered the opinion of the court.

This is a proceeding invoking the supervisory powers of this court to annul an order of the district court refusing relator the right to file an amended answer in an action wherein Bruce Bolitho, by and through his guardian ad litem, Marian Bolitho, is plaintiff and it is defendant. The complaint in that action is practically identical with that involved in companion case No. 7899, Darlene Bolitho v. Safeway Stores, Inc., ante, p. 213, 95 Pac. (2d) 443, this day decided. Defendant Safeway Stores in the action here involved first filed a general denial and thereafter made application to file an amended answer, setting forth the identical matter in defense alleged in the proposed answer in companion case No. 7899.

What we have said in case No. 7899 has equal application to this case. On the authority of that case the application here made is denied and the proceeding dismissed.

Mr. Chief Justice Johnson and Associate Justices Morris, Erickson and Arnold concur.

State ex rel. Safeway Stores, Inc. v. District Court
109 Mont. 221 95 P.2d 446

Case Details

Name
State ex rel. Safeway Stores, Inc. v. District Court
Decision Date
Oct 27, 1939
Citations

109 Mont. 221

95 P.2d 446

Jurisdiction
Montana

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