Chestnut v. Sales
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action in claim and delivery by Ben Chestnut, against A. H. Sales, as sheriff of Gallatin county. Judgment for plaintiff, and defendant appeals from it and an order denying his motion for a new trial.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action in claim and delivery by Ben Chestnut, against A. H. Sales, as sheriff of Gallatin county. Judgment for plaintiff, and defendant appeals from it and an order denying his motion for a new trial. The vital issue in the ease was as to the bona fides of the tiansaction between Terrill and Chestnut in the alleged sale of the mules, and any facts that would tend to enlighten the jury on that issue should have been brought out. The defense was based on fraud in law and fraud in fact; and unless the alleged sale of the mules…
1Opinion of the CourtJustice Smith
1. This i's an action in claim and delivery to recover the possession of two mules, or their value in case delivery cannot be had. The plaintiff prevailed in the court below, and defendant appeals from the judgment and also from an order denying his motion for a new trial. The cause was tried to a jury. The defendant,' Sales, is the sheriff of Gallatin county,' and seized the animals by virtue of a writ of attachment against one Terrill. The complaint alleges that “on the 11th day of March, 1911, and prior thereto, plaintiff was and now is the owner and entitled to’ the possession” of the two…
2Cases cited10 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Kipp v. SilvermanMontana Supreme Court · 1901
- Cobban v. HecklenMontana Supreme Court · 1902
- Dodge v. JonesMontana Supreme Court · 1887
- Gallick v. BordeauxMontana Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bank of Commerce v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1920
- Puckett v. HopkinsMontana Supreme Court · 1922
- Hennessy Co. v. WagnerMontana Supreme Court · 1923
- Chesnut v. SalesMontana Supreme Court · 1914
- Dalke v. PancoastMontana Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.