30 Mont. 547 | Mont. | 1904
delivered the opinion of the court.
On ~Tanuary 15, 1904, Fay A. Duranci commenced an action in the district court of Silver Bow county against Millie Du-
In this court it is contended, on behalf of respondent, first, that the Act of the second extraordinary session of the Eighth legislative assembly, approved December 10, 1903, amending Section 180 of the Code of Civil Procedure, which authorizes the filing of a disqualifying affidavit such as was filed in the district court in this instance by the defendant Robert McBride, is unconstitutional; second, that the proceeding sought to be restrained by the writ of prohibition is one in contempt, and that the Act above mentioned, even if valid, has no application to such proceeding; and, third, that the district court properly denied the motion for change of venue or change of judge, for the reason that all of the defendants did not unite in the (motion.
As the relief sought here is to prevent the respondent judge from hearing the contempt proceedings, and as the Act amending Section, 180 above has no application to proceedings in contempt, it is ordered that the alternative writ of prohibition heretofore issued be quashed, and these proceedings dismissed.
Dismissed.