Volume 28 — Montana Reports

Apyeal from District Court, Silver Bow County; John Lmdr ActxoN by Elizabeth Coleman against Oliver N. Perry and others. Eromi a judgment in favor of plaintiff and from an order denying a motion for a new trial, defendants appeal. When all tbe facts upon which the opinion is founded can be ascertained and made intelligible to the court or jury, the opinion of .witnesses is not to be received in evidence. (Sappenfield v. Main St. By.

Suit by the Colusa Parrot Mining & Smelting Company against A. W. Barnard and others. Prom an order refusing an injunction pendente lite, plaintiff appeals. The deed of a corporation, signed by its proper officers and Paving the seal of the corporation, is admissible in evidence without further proof.

Tat-tan, Judge. William EL Haejoee was convicted of murder. From a judgment sentencing bim to death, and from an order denying him a new trial, he appeals. If there is any evidence to establish the venue .and the question arises as to its sufficiency, it cannot be considered upon an appeal from the judgment, but where there is no evidence its absence becomes a question of law and is reviewable upon such an appeal.

ActioN by Andrew Less against the city of Butte. From a judgment for plaintiff, defendant appeals. STATEMENT OE THE CASE BY THE COMMISSIONER ¥hO Prepared ti-ie Opinion. On June 8, 1881, the owners of the ground included in the present Leggatt & Foster addition to the city of Butte' platted the same in lots and blocks, with intervening streets, and filed ■a plat thereof .with the county clerk of Silver Bow county, Montana.

<p>Appeal from District Court, Silver Beau Gounty; John Lindsay, Judge.</p> <p>ActioN by Michael B. Holland against tbe city of Butte, Montana. From- a judgment in favor of plaintiff, defendant appeals.</p>

<p>Municipal Corporations — Streets—Changing Grade; — Damages.</p> <p>Judgment affirmed upon tbe authority of Less v. City of Butte, ante, 27.</p>

<p>Municipal Corporations — Streets—Changing Grade — Damages.</p> <p>Judgment affirmed upon the authority of Less v. City of Butte, ante, 27.</p>

ORIGINAL suit by Charles H. Snell against W. W. Welch, state superintendent of public instruction, and others, constituting the state text-book commission.

IF. Harney, Judge. Suit by Lee Mantle against Lulu F. Largey, administratrix of tlie estate of P. A. Largey, deceased. Prom an order granting plaintiff a new trial after judgment for defendant, defendant appeals.

<p>Appeal — Briefs—Huleé of Supreme Court — Affirrhance.</p> <p>where appellants’ brief fails wholly to comply with Subdivision 3 of Rule K of the Supreme Court, the judgment appealed from will be affirmed.</p>

District Court', Lewis and Clarke County; S. E.. Mclntire, Judge. Action by Eli Knobb against Williami Reed and others. Erom a judgment for plaintiff, and an order denying a new trial, defendants appeal.

Action by Benjamin D. Phillips and others against Robert J. Cobum and another. From a judgment for defendants, and from an order denying a motion for a new trial, plaintiffs appeal. STATEMENT OP THE CASE. Action by plaintiffs for a perpetual injunction to restrain the defendants from diverting the waters of Big Beaver or Warm Springs creek, in Oboteau county.

ActioN by Tbomas Tague against the John Caplice Company, a corporation. From a judgment in favor of plaintiff, and from an order denying its motion for a new trial, defendant appeals. STATEMENT OE THE CaSE. This action was commenced in the district court by the plaintiff, Tague, against the John Caplice Company, a corporation, to recover a balance of $10,842.32, alleged to be due the plaintiff for moneys loaned by him1 to the defendant company.

K. Armstrong, Judge. Injunction by Charles A. Bimey against John J. Warren. From a judgment for defendant, plaintiff appeals. STATEMENT OE THE CASE. The action, was. commenced by the plaintiff, Bimey, to secure an injunction restraining the defendant, Warren, from removing certain hoisting and other mining machinery and certain frame buildings from unpatented mining claims situate in Jefferson (now Broadwater) county, Montana.

M. Clements, Judge. ActioN by Sarah. F. Rumney, individually and as a guardian, against James Donovan, in which William T. Luddy was appointed receiver of certain property.. Defendant appeals. On hearing of an order to show cause why the receiver should not be punished for contempt of court for failure to return the property to defendant after entry of an order suspending the order of appointment.

C. Smith., Judge. Suit by Rockwell King against the Pony Gold Mining Company, Samuel T. Hauser, William W. Morris, and Henry El-ling. Judgment against Morris and Effing, and from the judgment and an order denying a new trial they appeal. After-wards Effing died, and Thomas Duncan and others were substituted, as executors', in his place and stead. STATEMENT OP TIIE CASE BY THE COMMISSIONER PREPARING the Opinion.

B. Leslie, Judge. Action by Wilhelm D. Mack against Kred L. Hill to have a warranty deed declared to bel amortgage. A demurrer to' the complaint was sustained, and plaintiff appeals. Tbie demurrer is on two grounds, the first .only of any materiality, as the second is the conjunctive and must be overruled. {White v. Allait, 87 Cal. 245; Greenbaum v. Taylor, 102 Oal. 624.) The right of redemption can only be lost by foreclosure and sale.

Mandamus by the state, on relation of EL B. Hicklin, against F. 0. Webster, judge of tbe Fourth judicial district, and ex officio probate judge of Missoula county, and trustee of Mis-, soula townsite.

ActioN by the Butte Hardware Gotmpany against Jessie C. Knox. Prom a judgment for defendant, plaintiff appeals. Ini order to render it actual fraud in any case, the following essential elements should be present: Eirst. The injisr-ep-rer smtation- must be of a matter of fact, and not of law. Second. It must be of a fact as distinguished from a mere expression of opinion. Third. It must be of a fact at the time or previously existing, and not a mere promise for the future.

ORIGINAL application for writ of mandamus by tlie state, on tlie relation of the Stromberg-Mullins Company, against tbe Second Judicial District Court in and for tlie county of Silver Bow, and William Clancy, a judge thereof. On motion to quash.

<p>Appeal — Sufficiency of Evidence — Bevieiu—Bill of Exceptions —Specification of Particulars — Complete Record.</p> <p>Í. under Code of Civil Procedure, Section 1152, providing that, when an exception to a verdict or decision is on account of tbe insufficiency of tbe evidence, tbe objection must specify tbe particulars in wbicb tbe evidence is alleged to be insufficient, a bill of exceptions containing no specifications whatever, nor pointing out in any manner any insufficiency, will not warrant a review of tbe evidence.</p> <p>2. where it is not apparent from any recital in the record that it contains all tbe evidence, or tbe substance thereof, and there is no statement in the certificate of tbe Judge from wbicb it may be inferred that the bill contains all the evidence in substance, its sufficiency cannot be reviewed.</p>

ActioN by A. A. Lisker against John O’Rourke. From a judgment for defendant and from an' order denying a new trial, plaintiff appeals.

F. Smith, Judge. ActioN by O. A. Miller and A. O. Longmuir, co-partners and doing’ business under the firm name of Miller & Longmuir, against L. D. Matbeson and Isaac Morehouse, co-partners and doing business under the firm' name of L. D. Matbeson &¿ Co. Fpom a judgment in favor of plaintiffs', defendants appeal.

H. Mclntire, Judge. ActioN by Frank Merrill against Louis E. Miller. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. In view of the allegations of the complaint, the opening statement of the attorney for the plaintiff to the jury, and the evidence introduced, the proposition that the plaintiff and defendant were joint inventors cannot be disputed. (Ecaubert v. Appleton, 61 Fed. 917-922; Seymour v. Osborne, 11 Wall. 552; Lamsonr.

Action by P. S. T'aney against Mary Vollenweider. Erom a judgment for plaintiff, and from, an order denying a new trial, defendant appeals. Under Section 900, C'ode of Givil„Procedure, it was made the duty of this appellant to pay the money into the justice’s court as soon as she was served with garnishee process; it was also, under Section 1682, C'ode of Civil Procedure, the duty of the justice of the peace to receive the money.

<p> Appeal from District Court, Gallatin Countyj F. K. Armstrong, Judge. </p> <p>ActioN by John A. Melton against J. P. Martin, administrator of James Dartisv From a judgment for plaintiff, defendant appeals.</p>

Woody, Judge. Action by L. H. D'ayton against E. Ewart, as constable. Judgment for plaintiff, and defendant appeals. Tbe legislature intended Section 1222 (Subdivision Y) for tbe iprotection of those whose labor is all tbe capital they possess ; those employed by others by the day, week, month or year, and those whose sole profit is what they get for their services.

W. Hor-ney, Judge. Action by John S'. Harris, as administrator of the estate of Eobert G. Ingersoll, deceased, against Henry, A. Eoot and others. From a judgment for defendants, and from two certain orders made after judgment, plaintiff appeals. STATEMENT OE THE GaSE.

Apppal from District Gourt, Deer Lodge Countyj Welling Naptoni, Judge. ActioN by J. B. Reynolds against John Fitzpatrick and John Conley, as sheriff and deputy sheriff. From a judgment for plaintiff and from an order overruling', a motion for a new trial, defendants appeal.

Suit by J. P. Mcfflauflin against Andrew Wormser to enforce a meebanic’s lien. From a judgment for (plaintiff, and from an order overruling a motion for a new trial, defendant appeals.

ActioN for conversion of personalty and for trespass on realty by A. N. Yoder against S. J. Reynolds. From an order refusing a new trial after judgment for defendant, plaintiff appeals. Under the law, as it existed in 1896, the first in time wras first in right; -and plaintiff, by his diligence; obtained a preference which it was the duty of the court to protect.

Mclntire, Judge. ActioN by B. H. Foley, as administrator of the estate of Rollin P. Blanchard, against Albert Kleinsciimidt and others. From a judgment for defendants, entered on a nonsuit, and from an order denying a new trial, .plaintiff appeals.

<p>Appeal — Implied Finding — Record on Appeal — Preservation of Evidence — Review.</p> <p>In an action tried to the court, defendants denied all the allegations of the complaint and specially pleaded the statute of limitations. On appeal by plaintiff from the judgment, the only assigned error was that “the court erred in giving judgment against appellant, for in so doing he evidently held the statute of limitations had run against the action.” Held> that as chere was nothing in the record disclosing the reason why the court found and entered judgment in favor of defendants, it would be presumed— under the doctrine of implied findings — that the court found that the plaintiff failed to make out a prima, facie case on the merits, hence, the evidence not being in thek record, the judgment must be affirmed.</p>

ActioN by R Coombe and O. ,M. Hall against Mary McDonald, Jessie C. Knox, J. H. Maloney and R. M. Cobban. Tbe defendant McDonald made default. From a judgment for costs entered in favor of defendants Knox, Maloney and Cob-ban, plaintiffs appeal.

Election contest by Patrick V. Pyanj against Jolin Weston, in which, contestant instituted an original proceeding in the supreme court under Chapter 42, Laws of 1903, for the appointment of a district judge to temporarily bold court in the district in which the contest was commenced. STATEMENT OE THE CASE.

<p>O'Riginal pp.’oceediing in the supreme court, under Chapter 42, Laws of 1903.</p>

<p>Appeal — Review — Exceptions — Sufficiency —• General Verdict — ■ Special Bindings — Inconsistency — Miming Glaim ■ — Location Notice — Evidence.</p> <p>1. The supreme court cannot review tbe action of tbe court below in disregarding one of tbe special findings' of tbe jury, where the party complaining does not specifically except thereto, but relies entirely upon an exception to tbe entry of judgment in favor of tbe other party.</p> <p>2. A motion for judgment on the special . findings is necessary; otherwise judgment will be entered on the general verdict as of course. In tbe absence of such motion in tbe trial court, no question concerning tbe right to such judgment can be raised on appeal.</p> <p>3. Since tbe legislature bas tbe right to provide rules for tbe marking of tbe boundaries of mining ■ claims; for a record of such location; and wbaf tbe recorded paper must contain, — the court may rightly exclude a location notice which fails to conform to tbe statute.</p>

ORIGINAL application by the state, on, tbe relation of Arthur P. Heinze, for a writ of mandate directed to William Clancy, as judge of tbe Second judicial district court. STATEMENT OE THE CASE. Original application on tbe relation of Arthur P. Heinze for a writ of mandate to compel William Clancy, as judge of tbe Second judicial district court, to settle a bill of exceptions-, and also a- statement and bill of exceptions to- be used on motion for a new trial.

M. Clements, Judge. Suit by William Muth, as administrator of the estate of Albert G-. Clarke, deceased, and others, against L. A. Goddard and others, to restrain defendants from selling lands described in a trust deed under the power of sale therein granted. From an order granting the injunction, defendants appeal. STATEMENT OE THE OaSE.

K. Armstrong, Judge. ActioN by D1. E. Deuninck and another against the West Gallatin Irrigation Company. Judgment for defendant. Plaintiffs appeal.

Action by W. EL Frederick and Thomas A. Ray, partners doing business as Frederick & Ray, against Thomas McMahon. From a judgment in favor of defendant, and from an order overruling a motion for a new, trial, plaintiffs appeal.

<p>ObigiNal proceeding for tba reinstatement of Elbert D. Weed as a member of the bar of the supreme court-.</p>

II. Woody, Judge. Action by Hans H. - IIegaas against Emana Hegaas. Erom an order setting aside a default and judgment, and permitting defendant to appear and defend, plaintiff appeals.

. Appeal from District Gourt, Gallatin CountyF. K. Armstrong, Judge. ActioN by Et E. Stanton against E!d. Lewis. From a judgment of the district court dismissing an appeal from a justice of the peace, plaintiff appeals.

C. Smith, Judge. S. R. KiNG was informed against for a violation, of official duty as a policeman in failing to make an arrest, and on demurrer to tbe information was discharged, from which action of the court the state appeals.

H. Loud, Judge. Action by tbe Western. Ranches, Limited, against tbe County of Ouster. From a judgment for defendant, entered on sustaining a demurrer to tbe complaint, plaintiff appeals. Statement oe the Case by the Commissioner Peeparing the Opinion.

H. Loud, 'Judge. Action by the Matador Land & Cattle Company against the County of Custer. Erom a judgment for defendant, entered or; sustaining a demurrer to the complaint, plaintiff appeals.

B. Leslie, Judge. » Action by James T. Stanford, as receiver of tbe Northwestern National Bank of Great Falls, against Joseph A. Corani and another. From an order denying the motion of defendants to compel plaintiff to satisfy the judgment rendered in his favor, Joseph A. Coram appeals. In the case of Morley v. Lake Shore & Mich. 8., JR. Co., 146 U. Si 162, it was decided that the legislature of a state has the power to reduce the rate of interest on existing judgments.

Action by Sena Conley against John Dunn. Verdict and judgment for plaintiff; from! which, judgment and from an order denying a new trial, defendant appeals.

G. Smith, Judge. ActioN by H. H. Nelson against tbe Great Northern Railway Company. From a judgment for plaintiff, and from an order overruling defendant’s motion for a new trial, defendant ajjpeals. As to the nature of the complaint, and the cause of action set up therein, see Hutchinson on Carriers, Secs. 738-747; City of Great Falls v. Hanks, 21 Mont. 83; Stark v. Wellman, 96 Cal. 400 ; Sanford v. Am. Dist. Tel. Co., 34 N. Y. Supp’. 144; Rothschild v. Grand Trunk Ry.

Suit by George Gemmell against Jolm Swain and others. From a judgment for defenants, plaintiff appeals. STATEMENT OE THE CASE. This action was commenced in the district court by the appellant, wlio was plaintiff below, to secure an injunction restraining the defendants from entering upon, sinking shafts, running tunnels, discovering or attempting to- discover veins of mineral in certain designated lands.

<p>Referees — Bill of Exceptions — Duty of Counsel to Incorporate Evidence — “Exceptions.”</p> <p>3. Under Code of Civil Procedure, Section 1152, it is the duty of counsel to incorporate in their bill of exceptions so much of the evidence in substance, as is necessary to explain the objection and exception reserved thereon, and a referee is justified in refusing to settle a bill which recites, “The following testimony was taken before the referee: (Clerk will here insert testimony).”</p> <p>2. under the provisions of the Code of Civil Procedure, the term “exception” has an extended signification, there being exceptions on the ground of insufficiency of the evidence, as well as exceptions on the ground of error in law.</p> <p>3. Semble: After a referee Ras filed his report, he may file corrections of manifest clerical errors in his report, without another reference of the case for the purpose of permitting him to make them.</p>

District Court, Gallatin County; F. K. Armstrong, Judge. ActioN by Andrew B. Coot and Martin Woldson, partners doing business under the firm name of Coot & Woidson, against the Gallatin Railroad Company and another, in wbicb J. B. Waltz and P. L. Reece, partners under the firm name of Waltz & Reece, intervene. From a decree for plaintiffs and inter-veners, and from an order overruling a motion for a new trial, defendants appeal.

ActioN by John A. Spencer and C. C. Spencer, copartners under the firm name of John A. Spencer & Son, against Mike Mungus and A. Blazina, copartners under the firm name of A. Blazina & Co. Judgment for defendants, and plaintiffs appeal. Statement op the Case.

K. Armstrong, Judge. E. A. Caeleton presented a claim to tbe board of county commissioners of Broadwater county. From tbe action óf tbe board in allowing part of tbe claim, David T. Williams and other taxpayers appealed to the district court, which rendered judgment against appellants; from which judgment, and from an order denying a motion for a new trial, they appeal. Reversed.

K. Woody, Judge. ActioN by A. M. Stevens and others against D. T. Curran, sheriff, and others. From a judgment in favor of plaintiffs, and from an order overruling a motion for a new trial, defendants appeal. The sheriff can justify the taking of this property under process and is not liable without a demand for the return of the property before suit. Process regular is always justification without demand. Where the taking is tortious no demand is necessary.

H. Parker, Judge. ActioN by Anna Dablman against Emil Dablman and another. From a judgment in favor of defendants, plaintiff appeals. STATEMENT OE THE CASE. This proceeding was instituted by tbe plaintiff, tbe widow of Henry Dablman, deceased, under Section 3070-3081 of tbe Code of Civil Procedure, for tbe purpose of having allotted to her dower in tbe estate of her husband in accordance with tbe provisions of Sections 228-244 of .the Civil Code, relating to dower.

<p> Appeal from- District Court, Jefferson County; M. H. Par-leer, Judge. </p> <p>AnNa Dahlman appeals from an order of final distribution in. the estate of Henry Dahlman.</p>

Aiipeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by Howard S. Greene, as trustee in bankruptcy of Chris Peterson, against the Montana Brewing Company. Prom a judgment in favor of plaintiff, defendant appeals. STATEMENT OR THE CASE. This is an action in conversion brought by a trustee in bankruptcy against the Montana Brewing Company to recover the sum of $534.25.

H. Loud. ■Judge. ActioN by W. H. Bullard against H. A. Smith. From a judgment for defendant, and from án order denying a new trial, plaintiff appeals. The note in suit is negotiable, because the Act of 1899, amending Section 3996, Civil Code, is remedial, to be liberally construed, and is properly applicable to the note in suit. (Blade on Interpretation of Laws, pp. 261-263, 307-312; Ins. Co. v. Talbot, 3 Am.

F. Smith, Judge. ActioN by Walter W. Small against Samuel 0. Rakestraw. Judgement for defendant. Plaintiff appeals. A court of equity will not permit a nonjudicial or a quasi-judicial officer, in any proceedings before him, by tbe misconstruction of any law, to take property from one person, under the law entitled to it, and give it to another. . (Johnson v. Tows-ley, 13 Wall. 72; Sanford v.. Sanford, 139 U. S. 642; Hawley v. Diller, 178 TJ. S. 476, 20 Sup. Ot.

Smith, Judge. PetitioN by Caroline V. Kelley for tbe probate of an instrur ment purporting to be tbe last will of John D. Allport, deceased, to wbicli Lillie Sue Farleigh and others filed objections as contestants. From an order overruling a motion for a new trial, petitioner appeals. Statement oe tiie Case.

K. Armstronog, Judge. Notion by E. T. Wilson, as receiver of the Eirst National Bank of Helena, against John G. Pickering and others. Erom a judgment granting insufficient relief, plaintiff appeals. Statement of the Case by the Commissioner Preparing the Opinion.

ActioN by Frank E. Wright and others against Royal B. Mathews. From a judgment in favor of .defendant, and an order denying their motion for a new trial, plaintiffs appeal.

OeigiNal application for certiorari by tbe state, on tbe relation of tbe Weinstein Company, to tbe district court of tbe First judicial district and Hon. J. M. Clements, a judge thereof, to have an order annulled as in excess of jurisdiction.

Action bv Adolph Wetzstein against the. Boston & Montana Consolidated Copper & Silver Mining Company. From a judgment in favor of defendant, plaintiff appeals. The former action does not constitute any bar to or abatement of this action; until the final determination of the former action, the plaintiff had a right to institute and- maintain this action. (Code of Civil Proe.

Appeal from District Court, Leíais and Clarice County; S. II.. Mclniire, Judge. AotioN by J. R. Cornell and another against Lyman A.. Matthews and another.- From an order granting a new'trial,, plaintiffs appeal.

<p>Appeal — Record—Sufficiency.</p> <p>A record on appeal, consisting only of a bill of exceptions, notice of appeal, and certificate of tbe elerlr, and which does not purport to contain a qerti-fiied copy of the judgment roll as such, part of the papers constituting which are contained in the bill of exceptions, the existence of others merely being recited therein, is insufficient to give the court jurisdiction.</p>

<p> Appeal from District Court, Granite County; 'Welling Nap-ton, Judge. </p> <p>Action by Jolm A. Eeatbermaa and James B. Featberman against Granite County. From, a judgment for plaintiffs, defendant appeals.</p>

C. Smith, Judge. ActioN by William J\ Clark against tbe American Developing & Mining Company. From a judgment in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Courts will look to the acts of the parties and to the surrounding circumstance's to see which kind of a rescission they have intended.

M. Clements, Judge. Suit by Cbas. H. Snell against W. W. Welch and others, members of the textbook commission of Montana. Erom an order restraining defendants from proceeding under an Act of the legislature, defendants appeal.

M. Clements, Judge. Action by the Northwestern Mutual Life Insurance Company against the county of Lewis and Clarke. Judgment for plaintiff. Defendant appeals.

• Appeal from District Court, Silver Boio County; John IAnd-say, Judge. ActioN by David Lawrence against Edward Westlake, A. W. Gratton, and Anna M. Westlake. Judgment for plaintiff. Erom an order denying a new trial, defendant Anna M. West-lake appeals. STATEMENT OE THE CASE.

<p> Appeal from District Court, Jefferson, County; M. H. Par-Jeer,-Judge. </p> <p>..ActioN by James H. Doty against James McClusky and others. Daniel Griffin intervened. From a judgment in favor of intervener, plaintiff appeals.</p>

K. Armstrong, Judge. AotioN by Cook & Woldson, copartners, against tbe Gallatin Railroad Company. From a judgment in favor of plaintiffs, and from an order denying a motion for a new trial, defendant appeals. STATEMENT OE THE CASE. This cause is on appeal from tbe judgment in favor of tbe plaintiffs, and from an order denying a motion for a new trial. Plaintiffs sought- to recover on each of four causes of action.

<p>Judgment by Consent — Appeal.</p> <p>1. Judgment entered on the stipulation of the parties is in fact a judgment by consent.</p> <p>2. One cannot complain on appeal of a judgment entered by his consent.</p>

H. Woody, Judge. Action -by Calvin L. Allen against J. W. Reely. Erom a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.

<p>Appeal from District Court, Silver Bow County; John Lindsay, Judge.</p> <p>Action by Lee W. Foster and another against Louis Y. Bender and others. Decree for plaintiffs. Defendant Bender appeals.</p>

OrigiNal application by the state of Montana, on the relation of the Parrot Silver & Copper Company, a corporation, against the district court of the Second judicial district of the state of Montana, and Hon. William Clancy, a judge thereof, for an order — under the supreme court’s power of supervisory control —to vacate an order of the district court granting an examination, inspection and survey of relator’s mines. Statement of the Case.

TF. Harney, Judge. ActioN by Miles Finlen against F. Augustus Iieinze and others. From a decree entered in accordance with the prayer of said Heinze’s counterclaim, from an order overruling a motion for a new trial, and from an order modifying the decree, plaintiff appeals. STATEMENT OE THE CASE.

<p>Appeal from District Court, Cascade• County; J. B, Leslie, Judge.</p> <p>Action by Natherine Emerson against B. P. McNair and others. Erom an order setting aside defendants’ default, plaintiff appeals.</p>

<p>Appeal from District Court, Carbon Countyj FranJc Henry, Judge.</p>

<p>Original — Writs of supervisory control.</p> <p>On motion to dismiss.</p>