Sutton v. Lowry
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Wakeman Sutton against T. M. Lowry, executor of Silas F. King and others. Judgment for defendants; and from an order granting a new trial, they appeal. The order of the court granting a new trial was arbitrary and not based upon sound discretion.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Wakeman Sutton against T. M. Lowry, executor of Silas F. King and others. Judgment for defendants; and from an order granting a new trial, they appeal. The order of the court granting a new trial was arbitrary and not based upon sound discretion. Ip view of the plain admissions and contradictions of plaintiff, and the absolute preponderance of the testimony in favor of defendants, there was a manifest abuse of discretion in granting a new trial, and the order should therefore be reversed. (Braithwaite v. Aiken,…
1Opinion of the CourtJustice Holloway
This is an action to recover damages for the breach of a contract. In 1899 this plaintiff and J. A. Talbot had a lease upon the Silver King quartz lode mining claim, situated in Silver Bow county, and owned by the defendants Murray, King, and Daly. During the term of such lease J. H. Maloney and others, the owners of the Plymouth claim, which adjoins the Silver King claim, brought an action against Sutton, Talbot, Murray, King and Daly to restrain them from removing the minerals from certain veins claimed to belong to the Plymouth property, and to recover damages for ores already removed from…
2Cases cited10 opinions
- Gay v. TorranceCalifornia Supreme Court · 1904
- People v. FindleyCalifornia Supreme Court · 1901
- People v. AzoffCalifornia Supreme Court · 1895
- State v. BeesskoveMontana Supreme Court · 1906
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
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3Cited by18 opinions
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