Legal Opinion

Rodoni v. Lytle

Montana Supreme Court

Decided March 13, 1893PublishedCited by 1 opinion

Appeal from Second Judicial District, Silver Bow County. Conversion. The cause was tried before MoHatton, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion. This action is for damages for the alleged conversion of personal property. The plaintiff claimed to own the property by purchase from Brennan and Company.

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Appeal from Second Judicial District, Silver Bow County. Conversion. The cause was tried before MoHatton, J. Plaintiff had judgment below. Statement of facts, prepared by the judge delivering the opinion. This action is for damages for the alleged conversion of personal property. The plaintiff claimed to own the property by purchase from Brennan and Company. The defendant was a constable, and attempted to allege and prove that he took the property lawfully, by virtue of a writ of attachment in a case in which Williams and Saville were plaintiffs, and said Brennan and Company were defendants;…

1Opinion of the CourtDe Witt, J.

The statement on motion for new trial contains the evidence, in the form of a full transcript of the stenographer’s notes, by question and answer. There was no attempt made to reduce the evidence to narrative form, and to leave out immaterial and redundant matter. This disregard of the practice of this court has been so often passed upon that the bar are thoroughly familiar with our views. (Montana Ry. Co. v. Warren, 6 Mont. 275; Fant v. Tandy, 7 Mont. 443; Sherman v. Higgins, 7 Mont. 479; Raymond v. Thexton, 7 Mont. 299; Barger v. Halford, 10 Mont. 57.) Furthermore, the appellant, in…

2Cases cited5 opinions

  1. Montana R'y Co. v. WarrenMontana Supreme Court · 1887
  2. Raymond v. ThextonMontana Supreme Court · 1888
  3. Fant v. TandyMontana Supreme Court · 1888
  4. Sherman v. HigginsMontana Supreme Court · 1888
  5. Barger v. HalfordMontana Supreme Court · 1890

3Cited by1 opinion

  1. Authier v. Bennett Bros.Montana Supreme Court · 1895

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