Ettien v. Drum
Montana Supreme Court
Appeal from District Court, Yellowstone County; Charles H. Loud, Judge. Action by William Ettien against H. B. Drum. From an order granting a new trial to defendant, plaintiff appeals. There is no substantial conflict in the evidence in this ease, so, for all practical purposes, it should be treated by the court as an agreed statement of facts.
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Appeal from District Court, Yellowstone County; Charles H. Loud, Judge. Action by William Ettien against H. B. Drum. From an order granting a new trial to defendant, plaintiff appeals. There is no substantial conflict in the evidence in this ease, so, for all practical purposes, it should be treated by the court as an agreed statement of facts. For that reason the trial court should not be considered as having any discretion in granting a motion for a new trial on the ground of the insufficiency of the evidence. “Where there is no conflict in the evidence, there is presented a question of…
1Opinion of the CourtJustice Smith
This is an action of claim and delivery, wherein the plaintiff seeks to recover from defendant the possession of forty-two head of stock cattle, of the value of $33 each, two calves, of the value of $20 each, the increase of said stock cattle, number unknown, of the value of $20 each, and the sum of $200 as damages for wrongfully withholding said animals from the possession of the plaintiff, after demand. This is the second time the case has been before this court. (See Ettien v. Drum, 32 Mont. 311, 80 Pac. 369.)
In his complaint the plaintiff sets forth that on or about October 1, 1900, at…
2Cases cited3 opinions
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- State v. JonesMontana Supreme Court · 1905
- Ettien v. DrumMontana Supreme Court · 1905
3Cited by4 opinions
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Brunnabend v. TibblesMontana Supreme Court · 1926
- Ettien v. DrumMontana Supreme Court · 1909