Legal Opinion

Gallick v. Bordeaux

Montana Supreme Court

Decided April 26, 1899No. 1,065PublishedCited by 17 opinions

Appeal from District Court, Silver Bow County; William O. Speer, Judge. Action by Emanuel Gallick against Thomas J. Bordeaux and others. From a judgment for defendants, and an order denying -a new trial, plaintiff appeals. Statement of the case by the Justice delivering the opinion.

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Appeal from District Court, Silver Bow County; William O. Speer, Judge. Action by Emanuel Gallick against Thomas J. Bordeaux and others. From a judgment for defendants, and an order denying -a new trial, plaintiff appeals. Statement of the case by the Justice delivering the opinion. Action in claim and delivery to recover the possession of a stock of cigars, tobacco and liquors, and a lot of saloon furniture, with damages to plaintiff’s business by the wrongful seizure of and detention of the property. The complaint alleges, generally, ownership and right of possession in plaintiff, a…

1Opinion of the CourtBrantly, C. J.

1. Plaintiff insists that the court erred in permitting the defendants to introduce proof tending to show that the plaintiff’s title to the property .in controversy was founded in fraud, in the absence of a special allegation in their answer setting up the facts. The defendant Thomas J. Bordeaux was allowed, over the objection of plaintiff, to detail a conversation, had with Bordom at the time of the levy, in which Bordoni told him, substantially, that he was in debt to the plaintiff about $100, besides debts he owed to other persons; that, if his creditors would let him alone, he would pay…

2Cases cited30 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  3. Gray v. ParkerSupreme Court of Missouri · 1866
  4. Murphy v. MulgrewCalifornia Supreme Court · 1894
  5. Pulliam v. BurlingameSupreme Court of Missouri · 1883

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3Cited by17 opinions

  1. Antin v. Union High School District No. 2Oregon Supreme Court · 1929
  2. Kipp v. SilvermanMontana Supreme Court · 1901
  3. Johnson v. StateSupreme Court of Alabama · 1916
  4. Reynolds v. FitzpatrickMontana Supreme Court · 1903
  5. Gallick v. BordeauxMontana Supreme Court · 1904

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

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