JOHNSON v. ROSENBECK

No. 10454.

375 P.2d 221 (1962)

Roy L. JOHNSON, a minor by Catherine Johnson, his Guardian Ad Litem, Plaintiff and Appellant, v. Frank ROSENBECK, Justice of the Peace and Police Judge of Superior, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided October 16, 1962.


Attorney(s) appearing for the Case

Mason & Keast, Anthony F. Keast (argued orally), Missoula, for appellant.

Art L. Thompson (argued orally), Missoula, for respondent.


E.E. FENTON, District Judge (sitting in place of DOYLE, J.

This appeal is taken from an order of the district court denying appellant's petition for an award of attorney's fees claimed by appellant as the successful relator in a mandamus proceeding.

The facts alleged in the application for the writ of mandamus were, in substance, that the Town Marshal of Superior brought Roy L. Johnson, aged eighteen, before the respondent police judge who informed Johnson...

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