Legal Opinion

Shandy v. McDonald

Montana Supreme Court

Decided March 1, 1909No. 2,604PublishedCited by 6 opinions

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.

Read the full summary

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

  1. Kipp v. SilvermanMontana Supreme Court · 1901
  2. Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
  3. Dorsey v. ManloveCalifornia Supreme Court · 1860
  4. Haupt v. SimingtonMontana Supreme Court · 1903
  5. Tague v. John Caplice Co.Montana Supreme Court · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
  2. Sherris v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
  3. De Celles v. CaseyMontana Supreme Court · 1914
  4. State v. SmithMontana Supreme Court · 1920
  5. Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API