Hahn v. Shaubut
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Charles Hahn and E. L. Turner against G. W. Shaubut. From a judgment for plaintiff, defendant appeals. submitted a brief; argued the cause orally. The defendant was called into court to answer a complaint, the ordinary construction of which would indicate to him that he was required to defend an action to enjoin him from breaking down plaintiffs’ fence.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Charles Hahn and E. L. Turner against G. W. Shaubut. From a judgment for plaintiff, defendant appeals. submitted a brief; argued the cause orally. The defendant was called into court to answer a complaint, the ordinary construction of which would indicate to him that he was required to defend an action to enjoin him from breaking down plaintiffs’ fence. By a common-sense reading of the complaint no other intendment can be gathered from it. A party cannot so draw his pleadings as to lead the opposite party to believe…
1Opinion of the CourtJustice Smith
delivered tbe opinion of the court.
Plaintiffs’ complaint originally contained two causes of action — one for damages alleged to have been sustained by reason of the acts of the defendant in breaking their fence and entering upon their lands, and another for an injunction to prevent a repetition of such trespass. The parties own adjoining acre property in Deer Lodge county, with a line fence between, which fence was constructed by the plaintiffs. In their second cause of action they allege “that on the fourteenth day of January, 1911, the defendant forcibly broke and entered upon the…
2Cases cited2 opinions
- State v. ByrdMontana Supreme Court · 1910
- Knuckey v. Butte Electric Ry. Co.Montana Supreme Court · 1912
3Cited by4 opinions
- Thrasher v. HodgeMontana Supreme Court · 1929
- Paulich v. Republic Coal Co.Montana Supreme Court · 1940
- Halko v. AndersonMontana Supreme Court · 1939
- Williams v. NealMontana Supreme Court · 1928