Brownell v. McCormick
Montana Supreme Court
Appeal from District Court, Meagher County. The facts appear in the opinion. The answer of the defendant sets up inconsistent defenses. While a defendant is not to he confined to a single defense, and may set up as many defenses as he has got to a cause of action, they must be consistent, the one with the other.
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Appeal from District Court, Meagher County. The facts appear in the opinion. The answer of the defendant sets up inconsistent defenses. While a defendant is not to he confined to a single defense, and may set up as many defenses as he has got to a cause of action, they must be consistent, the one with the other. Derby v. Gallup, 5 Minn. 119; Conway v. Wharton, 13 Minn. 158; Cook v. Finch, 19 Minn. 407; Adams v. Trigg, 37 Mo. 141. The defendant fails to plead facts sufficient to constitute an estoppel. Biddle Boggs v. Merced Mining Co., 14 Cal. 367; Davis v. Davis, 26 Cal. 39. The defendant…
1Opinion of the CourtGalbraith, J.
The transcript in this case is not prepared in accordance with the requirements of the rule. See Rules Sup. Ct., No. 4. We would, therefore, be warranted in refusing to consider it. The errors of law are, however, so apparent that the consideration of doing substantial justice prevails upon us to overlook this defect in this case. But as we have had occasion to call attention to the disregard of this rule upon a former occasion, we may never again be so indulgent. Alder Gulch Con. Min. Co. v. Hayes, 6 Mont. 31.
This is an appeal from an order overruling a motion to set aside the verdict and…
2Cases cited1 opinion
- Alder Gulch Con. Mining Co. v. HayesMontana Supreme Court · 1886
3Cited by9 opinions
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- Maloney v. KingMontana Supreme Court · 1904
- Malee v. District Court for Second Judicial District Ex Rel. PurcellMontana Supreme Court · 1996
- State Ex Rel. Hall v. NiewoehnerMontana Supreme Court · 1944
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