Dallas v. Douglas
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Notion by William Dallas against George F. Douglas and others. From judgment for defendants, plaintiff appeals. argued the cause orally. There is much said in this case about fraud and collusion and conspiracy. These are vocables which give rise to feelings of revulsion, but in a pleading they are meaningless. An averment that an act is fraudulent is not the statement of a fact.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Notion by William Dallas against George F. Douglas and others. From judgment for defendants, plaintiff appeals. argued the cause orally. There is much said in this case about fraud and collusion and conspiracy. These are vocables which give rise to feelings of revulsion, but in a pleading they are meaningless. An averment that an act is fraudulent is not the statement of a fact. (Butte Hardware Co. v. Knox, 28 Mont. 119, 72 Pac. 301; State v. Minn.Mont. Land & Imp. Co., 20 Mont. 198, 50 Pac. 420.) The conclusions of a…
1Opinion of the CourtJustice Smith
The defendant Merchants’ National Bank of Billings has on deposit the sum of $1,500, which is the balance remaining of a draft for $9,900 paid by the government of the United States for services performed by the defendant Douglas and one Parkinson under a surveying contract entered into and completed in the year 1907. The deposit is evidenced by a certificate thereof payable to E. E. Shephard & Co. and George F. Douglas. Shep-hard & Co. make no claim to any part of the money so deposited. This is an action in equity wherein the plaintiff seeks to have the said sum of $1,500 adjudged to belong…
2Cases cited5 opinions
- Morrison v. BennettMontana Supreme Court · 1898
- Stevens v. TraftonMontana Supreme Court · 1908
- Lawson v. CobbanMontana Supreme Court · 1909
- McGregor v. DonellyCalifornia Supreme Court · 1885
- Murray v. WhiteMontana Supreme Court · 1910
3Cited by4 opinions
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Simpson v. Silver Bow CountyMontana Supreme Court · 1930
- Haley v. HollenbackMontana Supreme Court · 1917
- United States Building & Loan Ass'n v. StevensMontana Supreme Court · 1932