Fearon v. Mullins
Montana Supreme Court
Appeal from District Court, Silver Boto County; Jeremiah J. Lynch, Judge. Action by Sarah Fearon against Patrick Mullins. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. The complaint does not state facts sufficient to constitute a cause of action. In an action of this nature the facts must be stated showing the legal liability, and it is not sufficient to allege that the defendant has violated his duty.
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Appeal from District Court, Silver Boto County; Jeremiah J. Lynch, Judge. Action by Sarah Fearon against Patrick Mullins. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. The complaint does not state facts sufficient to constitute a cause of action. In an action of this nature the facts must be stated showing the legal liability, and it is not sufficient to allege that the defendant has violated his duty. If the facts are stated, the allegation of duty is superfluous, and such a statement is useless where the facts are not stated. (6 Thompson on…
1Opinion of the Court
MR. GHIEF JUSTICE BRANTLY
delivered the opinion of the court.
Action for damages for a personal injury. On a former appeal in this case the court reversed a judgment in favor of plaintiff and an order denying defendant’s motion for a new trial, because of the want of substantial allegations in the complaint and for error in one of the instructions. (35 Mont. 232, 88 Pae. 794.) Another trial upon amended pleadings resulted in a verdict and judgment in favor of plaintiff for $2,000. From this judgment and an order denying him a new trial, the defendant prosecutes these appeals. 'ITe contends that…
2Cases cited4 opinions
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Murray v. HeinzeMontana Supreme Court · 1895
- King v. LincolnMontana Supreme Court · 1901
- Fearon v. MullinsMontana Supreme Court · 1907
3Cited by2 opinions
- Townsend v. City of ButteMontana Supreme Court · 1910
- Rousselle v. CramerMontana Supreme Court · 1923