[Download] "Carlin v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Carlin v. District Court
- Author : Supreme Court of Montana
- Release Date : January 24, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1. Constitutional Law ? Calling juries. Inconvenience or loss to prospective jurors, or the lack of adequate travel, hotel or eating facilities for them constitutes no excuse for depriving a litigant of his constitutional right to prompt disposition of his litigation. 2. Trial ? Juries ? Pre-trial practice. The effect of the pre-trial practice act is not such as to deprive a litigant, in a case involving questions of fact, of the right to have controverted fact questions disposed of by a jury as prescribed by the Constitution. 3. Trial ? Pre-trials should be held promptly. Where the district court determined by a court rule that all actions must be subjected to a pre-trial conference before being set for trial, either by the court alone or before a jury, the court should, as a matter of routine, call such pre-trial calendars as the cases become at issue in order to accomplish their speedy disposition. 4. Mandamus ? Courts ? Power to compel hearing. Mandamus will lie to compel a hearing and disposition of a pending case, even though the trial court has determined that the matter is not properly before it and refused such action, and the power of courts of last resort to compel inferior tribunals to proceed with disposition of pending actions extends to the compulsion of such courts to impanel juries for the purpose of such trials. 5. Mandamus ? District court must call jury. Where a civil action to recover for injuries had been pending for nearly two years notwithstanding that a demand had been made that a jury be drawn for trial of the cause and it was shown that the plaintiff was upwards of 80 years of age, mandamus would lie to effectuate the rights of the plaintiff to have his case disposed of without further delay under his constitutional right to a speedy trial, including the co-operation of court and counsel in pre-trial proceedings and the drawing of a jury for trial of the cause.