Foster v. Winstanley
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit by Emma Foster and others against E. A. Winstanley and others. From a judgment for plaintiffs, and from an order • denying a new trial, defendants appeal. Statement of the Case, by the Justice Delivering the Opinion.
Read the full summary
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit by Emma Foster and others against E. A. Winstanley and others. From a judgment for plaintiffs, and from an order • denying a new trial, defendants appeal. Statement of the Case, by the Justice Delivering the Opinion. This action was brought by the plaintiffs to rescind a sale made by defendant Winstanley, as agent for plaintiffs, to his codefendant Hall, of an undivided one-sixth interest in and to the Deadwood quartz mining claim, situated in Silver Bow county. From a judgment in favor of plaintiffs, and from an…
1Opinion of the CourtChief Justice Brantly
Counsel for both plaintiffs and defendants have filed elaborate briefs and have discussed many questions which are not presented by the record. Most of them arise upon rulings upon the admission and exclusion of evidence and the allowance of certain amendments to the pleadings during the course of the trial. The motion for new trial was made upon the minutes of the court. In his certificate authenticating the record the trial judge states that the motion “was heard on the minutes of the court on the following grounds only: (1) That the evidence fails to support the judgment; (2) that.Mrs.…
2Cases cited4 opinions
- Alden v. TrubeeSupreme Court of Connecticut · 1877
- Schilling v. CurranMontana Supreme Court · 1904
- Reed, Murdoch & Co. v. Brown Bros.Supreme Court of Iowa · 1893
- Woodridge v. ThieleSupreme Court of Arkansas · 1891
3Cited by15 opinions
- Murphy v. NettMontana Supreme Court · 1911
- Montana Electric Co. v. Northern Valley Min. Co.Montana Supreme Court · 1915
- Helena & Livingston Smelting & Refining Co. v. Northern Pacific Railway Co.Montana Supreme Court · 1922
- Rasmussen v. Lee Co., Inc.Montana Supreme Court · 1937
- Western Mining Supply Co. v. MelznerMontana Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.