Pinney v. Hershfield
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. Pinney commenced this action in September, 1869. The cause was tried in March, 1870, by a jury, that returned a verdict for Pinney for $1,300. The court, Symes, J., overruled the motion for a new trial. The facts appear in the opinion.
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Appeal from the Third District, Lewis and Clarke County. Pinney commenced this action in September, 1869. The cause was tried in March, 1870, by a jury, that returned a verdict for Pinney for $1,300. The court, Symes, J., overruled the motion for a new trial. The facts appear in the opinion. The complaint should allege a breach of the undertaking, that Whitlatch did not pay the damages. 1 Chitty’s PL 332 ; Hayden v. Sample, 10 Mo. 215 ; 2 Sanders’ Pl. 181; Love v. jRedwell, 4 Blackf. 553 ; Fletcher v. Peck, 6 Cranch, 127 ; Hughes v. Smith, 5 Johns. 168; Smith v. Jansen, 8 id. Ill; Potter v.…
1Opinion of the CourtKnowles, J.
This is an aetion on an attachment undertaking, to recover damages occasioned the plaintiff on account of the wrongful suing out of said writ. It appears that the appellants appeal to this court from the order overruling the motion for a new trial, and from the judgment of the court below.
The respondent urges that there is not such a specification of errors in the statement on a motion for a new trial as will justify this court in considering it.
The statutes of this Territory provide that a statement “shall-state specifically the particular errors or grounds upon which he intends to rely on…
2Cases cited1 opinion
- Tarpey v. ShillenbergerCalifornia Supreme Court · 1858
3Cited by4 opinions
- Hoskins v. WhiteMontana Supreme Court · 1893
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897
- Nelson v. DonovanMontana Supreme Court · 1895
- State ex rel. Rife v. ReynoldsMissouri Court of Appeals · 1909