Legal Opinion

Ott v. Pace

Montana Supreme Court

Decided March 22, 1911No. 2,944PublishedCited by 21 opinions

Appeal from District Court, Jefferson County; Llew. L. Calla-way, Judge. Action by Sebastian Ott against Ike E. O. Pace and others. From a judgment sustaining a general and special demurrer to the amended complaint, plaintiff appeals.

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Appeal from District Court, Jefferson County; Llew. L. Calla-way, Judge. Action by Sebastian Ott against Ike E. O. Pace and others. From a judgment sustaining a general and special demurrer to the amended complaint, plaintiff appeals. The ground of demurrer that the complaint is ambiguous, uncertain and unintelligible cannot be considered, unless all three of the defects appeared in the complaint; that is, that it is uncertain and ambiguous and unintelligible, and if one of these grounds is lacking, the demurrer must be overruled. (Kraner v. Hasley, 82 Cal. 209, 22 Pac. 1137; Wilhoit v.…

1Opinion of the CourtJustice Holloway

This suit was brought to secure the cancellation of two certain contracts and the return of certain moneys paid under them. To the amended complaint a general and special demurrer was sustained, and plaintiff, electing to stand upon his pleading, suffered judgment to be entered against him, and has appealed to this court.

From the amended complaint we gather these facts: In August, 1907, defendants Pace and Woods owned and were in possession of some 634 acres of land near Whitehall, Montana, together with certain water rights and water ditches, also á leasehold interest in 160 acres of state…

2Cases cited13 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Ruhl v. MottCalifornia Supreme Court · 1898
  3. Oppenheimer v. ClunieCalifornia Supreme Court · 1904
  4. Greenwood v. FennIllinois Supreme Court · 1891
  5. Lee v. McClellandCalifornia Supreme Court · 1898

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Buhler v. LoftusMontana Supreme Court · 1917
  2. Stuck v. Delta Land & Water Co.Utah Supreme Court · 1924
  3. Lasby v. BurgessMontana Supreme Court · 1930
  4. Como Orchard Land Co. v. MarkhamMontana Supreme Court · 1918
  5. Friedrichsen v. CobbMontana Supreme Court · 1929

16 more not listed; retrieve them via the Exa API.

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