Dunphy v. Ryan
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF. MONTANA. Under the statute law of the Territory of Montana there is no distinction between legal and equitable remedies, and there is “ but one form of action for the enforcement or protection of private rights and the redress or prevention of private wrongs,” which is “ the same at law and in equity.”
Read the full summary
ERROR TO THE SUPREME COURT OF THE TERRITORY OF. MONTANA. Under the statute law of the Territory of Montana there is no distinction between legal and equitable remedies, and there is “ but one form of action for the enforcement or protection of private rights and the redress or prevention of private wrongs,” which is “ the same at law and in equity.” Revised Statutes of Montana of 1879, page 41. This law being in force, James M. Ryan, the defendant in error, brought this suit in the District Court for the Third Judicial District in the County of Lewis and Clarke, Montana Territory, against…
1Opinion of the CourtJustice Woods
After stating the facts in the language reported above, he continued :
The defendant insists that the court erred in refusing to allow him to prove the contract set up in his answei. The-statute law of Montana applicable to the question in hand is as follows: Chapter XIII., Art. I., of the Revised Statutes' of Montana of 1879 provides as follows:
“ Section 160. No' estate or interest in land, other than for leases for a term not exceeding one year, or any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or…
2Cases cited8 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Dung v. . ParkerNew York Court of Appeals · 1873
- Purcell v. MinerSupreme Court of the United States · 1867
- Shute v. DorrNew York Supreme Court · 1830
- May v. SloanSupreme Court of the United States · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Boone v. CoeCourt of Appeals of Kentucky · 1913
- Stanley v. A. Levy & J. Zentner Co.Nevada Supreme Court · 1941
- Franklin v. Matoa Gold Min. Co.Court of Appeals for the Eighth Circuit · 1907
39 more not listed; retrieve them via the Exa API.