(Download) "Northern Pac. Ry. Co. v. Gas Dev. Co." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Northern Pac. Ry. Co. v. Gas Dev. Co.
- Author : Supreme Court of Montana
- Release Date : January 05, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
MANDAMUS — HIGHWAYS — STATUTES — AUTOMOBILES. 1. Statutes — Application of penal statutes. Court will not apply penal statutes to cases which are not within the obvious meaning of the language employed by the legislature, even though they be within the mischief intended to be remedied. 2. Automobiles — No right to take license plates. Mere fact that husband of relatrix was a co-owner of a certain automobile did not permit taking of license plates therefrom by the Highway Patrol under the Financial Responsibility Act, even though husband, while driving another vehicle, was involved in a situation authorizing the Patrol to suspend all registrations of each owner of a motor vehicle, "owner," as used therein, not extending to a co-owner. 3. Mandamus — Mandamus proper remedy. Mandamus was proper remedy for wife to regain license plates for an automobile which she co-owned with her husband, such plates having been removed by Highway Patrol under alleged authority of the Financial Responsibility Act, after husband was involved in a motor vehicle accident while operating another vehicle. 4. Mandamus — Right of action not lost. An automobile co-owners right to writ of mandate to regain license plates taken from her automobile by Highway Patrol, under alleged authority of the Financial Responsibility Act, due to an Page 163 accident of co-owner, while driving another vehicle, was not lost by reason of provisions of the Act providing for appeals to the District Court from the Patrols order, in view of fact such statute accords the right of appeal only to any party in interest, and therefore did not apply to co-owner who held no interest in any vehicle involved in accident in question. 5. Mandamus — Right of appeal. Mere existence of a right of appeal where it is inadequate, does not preclude issuance of a writ of mandate.
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