Shandy v. McDonald
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Action for conversion by Earl Shandy against F. J. McDonald, sheriff, and J. A. Featherman and another, copartners under the firm name of J. A. & J. B. Featherman. From a judgment for plaintiff, and from an order denying them a new trial, defendants appealed.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Action for conversion by Earl Shandy against F. J. McDonald, sheriff, and J. A. Featherman and another, copartners under the firm name of J. A. & J. B. Featherman. From a judgment for plaintiff, and from an order denying them a new trial, defendants appealed. The statute requiring a justice of the peace to keep a docket and enter certain things, therein specified, in the docket, is directory, and the justice, after jurisdiction has once been acquired, act's ministerially. Where a justice has once acquired jurisdiction of the…
1Opinion of the CourtChief Justice Brantly
Action for damages for a conversion. The property in controversy consisted of horses, mares, harness, saddles, and a buggy. After the usual averments of ownership and possession by plaintiff and of the value of the property, fixed at $1,600, the complaint alleges: That on July 19, 1905, the plaintiff, being in lawful possession thereof together with another large team and a heavy wagon and harness, was on his way to fulfill a teaming contract into which he had entered, requiring the use of all of said property; that defendants, well knowing that plaintiff was not indebted to them in any way,…
2Cases cited7 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Dorsey v. ManloveCalifornia Supreme Court · 1860
- Haupt v. SimingtonMontana Supreme Court · 1903
- Tague v. John Caplice Co.Montana Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- De Celles v. CaseyMontana Supreme Court · 1914
- State v. SmithMontana Supreme Court · 1920
- Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.