Gibson v. Morris State Bank
Montana Supreme Court
Appeal from District Court, Madison County; W. A. Clark, Judge. Action by Mary Gleim against the Morris State Bank, Charles L. Finch, and others, in which Elizabeth Gibson, as administratrix of Mary .Gleim, was substituted as plaintiff. From an order setting aside a decree in favor of the plaintiff and granting a new trial, plaintiff appeals.
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Appeal from District Court, Madison County; W. A. Clark, Judge. Action by Mary Gleim against the Morris State Bank, Charles L. Finch, and others, in which Elizabeth Gibson, as administratrix of Mary .Gleim, was substituted as plaintiff. From an order setting aside a decree in favor of the plaintiff and granting a new trial, plaintiff appeals. We contend that the rule that the action of the lower court will not be disturbed in such a case as this, unless there was a clear abuse of discretion does not apply, since Judge Clark was in no better position to pass upon the weight or sufficiency of…
1Opinion of the CourtChief Justice Brantly
This action was originally brought by Mary Gleim to foreclose two mortgages upon a tract of land situate in Madison county, and described as the west half and the southeast quarter of section 35, and the southwest quarter of section 36 in township 1 south of range 2 west of the Montana principal meridian. Subsequently the complaint was amended so as to change the action into one to quiet title. It was tried and decided upon the latter theory. After the appeal had been taken to this court, Mary Gleim died, and Elizabeth Gibson, the administratrix upon her estate, was substituted as plaintiff…
2Cases cited22 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Murray v. BuellWisconsin Supreme Court · 1889
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3Cited by40 opinions
- Lewis v. BowmanMontana Supreme Court · 1942
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Morgan v. Butte Central Mining & Milling Co.Montana Supreme Court · 1920
- Harley v. WilliamsMontana Supreme Court · 1915
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
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