# State Ex Rel. Bennett v. Bonner

> Montana Supreme Court · February 15, 1950 · 123 Mont. 414

URL: https://www.frixlaw.com/law-library/cases/9550879

## Case

- **Full name:** STATE Ex Rel. BENNETT, JUDGE, Relator, v. BONNER, GOVERNOR OF STATE Et Al., Respondents
- **Court:** Montana Supreme Court
- **Decided:** February 15, 1950
- **Citations:** 123 Mont. 414; 214 P.2d 747; 1950 Mont. LEXIS 63
- **Precedential status:** Published
- **Opinion:** Dissent by Freebourn
- **Judges:** Adair, Freebourn, Angstman, Metcalf, Bottomly
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550879

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550879. Public record. Not legal advice.