Davisson v. Mount Moriah Cemetery Assn.

This action was brought to enjoin the defendant from enforcing one of its rules and regulations. Judgment was entered in favor of plaintiff, from which defendant appealed.

Defendant challenges the sufficiency of the complaint and the evidence to sustain the judgment. The facts are that defendant, a Montana corporation, for more than thirty-five years has been the owner of the cemetery situated in Silver Bow county, known as the Mt. Moriah Cemetery, and engaged in selling lots for the purpose of burying human bodies; that for more than ten years before commencing the action plaintiff has been…