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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Roche v. Sabo, 259 Mont. 76 (1993)

Citation
Roche v. Sabo, 259 Mont. 76 (1993)
Parent Document
Roche v. Sabo, 259 Mont. 76 (1993)
Jurisdiction
Montana (state)
Effective Date
1993-06-10

Full Text

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Mr. Roche then filed a “Complaint at Law for a Peremptory Writ of Mandamus” in the District Court. Patrick Howard, the plaintiff/landlord in the Justice Court action, successfully moved to intervene in the District Court case, and, in due course, moved for judgment on the pleadings. Judge Sabo joined in the motion. The District Court, stating that it considered matters outside the pleadings, treated the intervenor’s motion as one for summary judgment and entered its Findings of Fact, Conclusions of Law and Order which found, inter alia, that Mr. Roche’s approach to the case was designed to frustrate the lawful, final judgment of the Justice Court.