Western Mining Supply Co. v. Quinn
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Western Mining Supply Company against Jobn ■J. Quinn, sheriff, and others. From an order granting plaintiff -a new trial, defendants appeal. The complaint does not state a cause of action. No conversion is charged through the “taking,” or at the time of the taking; impliedly, at least, the taking was acquiesced in by plaintiff, or its alleged predecessors in interest.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Western Mining Supply Company against Jobn ■J. Quinn, sheriff, and others. From an order granting plaintiff -a new trial, defendants appeal. The complaint does not state a cause of action. No conversion is charged through the “taking,” or at the time of the taking; impliedly, at least, the taking was acquiesced in by plaintiff, or its alleged predecessors in interest. In conversion, the plaintiff must allege a concurrence both of a right of property, general or special, and the actual possession, or the…
1Opinion of the CourtJustice Holloway
This action was commenced by the plaintiff, a corporation, against John J. Quinn, the surety on his official bond as sheriff of Silver Bow county, and C. M. Parr, to recover damages for the conversion of certain goods and chattels alleged to belong to the plaintiff. The property consists of a warehouse and certain mining machinery, lumber, etc., which was seized by Quinn, the sheriff, on July 8, 1905, by virtue of a writ of attachment, issued in an action wherein Parr was plaintiff, and the Shackleton & Whiteway Construction Company was defendant, and afterward sold by order of the court. In…
2Cases cited29 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Levin v. . RussellNew York Court of Appeals · 1870
- Poling v. FlanaganWest Virginia Supreme Court · 1895
- Blake v. GravesSupreme Court of Iowa · 1865
- Waite v. MathewsMichigan Supreme Court · 1883
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3Cited by11 opinions
- State Ex Rel. Veeder v. State Board of EducationMontana Supreme Court · 1934
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Bank of Commerce v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1920
- Taylor v. Malta Mercantile Co.Montana Supreme Court · 1913
- Western Mining Supply Co. v. MelznerMontana Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.