Arnold v. Fraser
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. We submit that the counterclaims set forth in the answer do arise out of the transaction set forth in plaintiff’s complaint as the foundation of the plaintiff’s claims, and also that they are directly connected with the subject of the action.
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Appeal from District Court, Yellowstone County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. We submit that the counterclaims set forth in the answer do arise out of the transaction set forth in plaintiff’s complaint as the foundation of the plaintiff’s claims, and also that they are directly connected with the subject of the action. If these counterclaims had not been stricken out and had been proven and allowed to the defendant by the jury or by the court, the defendant would not have been in default upon his contract, because enough money would have been realized by…
1Opinion of the CourtJustice Holloway
This is a suit in equity, brought to secure a .decree canceling a certain contract. Issues were joined upon the original pleadings and the cause brought to trial before the court sitting with a jury. By agreement of counsel and the approval of the court, after a portion of the evidence had been taken the jury were discharged, the parties permitted to reform their pleadings, and the cause was thereupon tried and submitted to the court. The plaintiffs filed an amended and supplemental complaint — referred to in the brief as the substituted complaint — and the defendant filed an answer thereto…
2Cases cited12 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Carpenter v. United StatesSupreme Court of the United States · 1873
- Armington v. StelleMontana Supreme Court · 1902
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
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3Cited by11 opinions
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- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
- Hicks v. RuppMontana Supreme Court · 1914
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