Carron v. Clark
Montana Supreme Court
Appeal from, Fourth Judicial District, Missoula County. Action for damages and an injunction. The cause was tried before William H. Bickford, Esq., special judge, sitting in.place of Woody, J. Plaintiff had judgment below.
1Opinion of the Court
Harwood, J..
When plaintiff rested in the introduction of testimony on his behalf, defendants moved the court for an order of nonsuit of the action (Code Civ. Proc., § 242), on the ground that plaintiff had failed to introduce proof tending to establish certain material allegations of his complaint. The motion was overruled, and that ruling, among others, is assigned as error.
The action was brought to enjoin defendants from opening a public road through a certain field in possession of plaintiff *302as lessee, and to recover damages alleged to have been sustained by plaintiff, resulting from the…
2Cases cited1 opinion
- Stockle v. SilsbeeMichigan Supreme Court · 1879
3Cited by2 opinions
- State v. AuchardMontana Supreme Court · 1898
- Fisch & Co., Ltd. v. Superior CourtCalifornia Court of Appeal · 1935