Opinion

State Ex Rel. Bennett v. Bonner

  • 123 Mont. 414
  • 214 P.2d 747
  • 1950 Mont. LEXIS 63
Court
Montana Supreme Court
Filed
Feb 15, 1950
Status
Published
Author
Freebourn
On the bench
Adair, Freebourn, Angstman, Metcalf, Bottomly
Cited by
32 cases
Authority
More cited than 5.3%

“Judicial power as contra-distinguished from the power of the law has no existence. ... The law precedes the courts. The law governs the courts. Thus it is the function of the courts to expound and administer law in those causes properly brought before them in course of legal procedure____[Judicial power] is always exercised for the purpose of giving effect to the will of the people as that will is expressed in the law”

How later courts described this case

  • “Judicial power as contra-distinguished from the power of the law has no existence. ... The law precedes the courts. The law governs the courts. Thus it is the function of the courts to expound and administer law in those causes properly brought before them in course of legal procedure____[Judicial power] is always exercised for the purpose of giving effect to the will of the people as that will is expressed in the law”

Written by the judges who cited it.

The opinion

MR. JUSTICE FREEBOURN,

dissenting:

I believe section 8823, R. C. M. 1935, now section 93-312, R. C. M. 1947, is unconstitutional, violating section 1 of Article IV, sections 1, 2 and 3 of Article VIII, and section 17 of Article VIII of the Constitution of Montana.

Since this court, in State ex rel. Smith v. District Court, 116 Mont. 251 , 151 Pac. (2d) 500 , has held this section of the statute constitutional and operative, the order of Governor Bonner call *440 ing in District Judges William Taylor and James Shea to hold court in the fifth judicial district Avas justified and proper. •

Such order showed good judgment and resulted in correction of long-standing wrongs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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