Mason v. Germaine
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. This action was tried by Svmes, J., at the April term, 1870, and a decree was made in favor of Mason ei al., plain tiffs. The facts appear in the opinion. The court erred in refusing to consolidate and require all the parties to litigate their rights in one action. Acts 1865, §§11,12, 18. The allegations of the complaint will not support the prayer thereof. Civ. Prac. Act, § 39; 1 Edw. Ch. 654 ; 1 TJ. S. Eq.
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Appeal from the Third District, Lewis and Clarke County. This action was tried by Svmes, J., at the April term, 1870, and a decree was made in favor of Mason ei al., plain tiffs. The facts appear in the opinion. The court erred in refusing to consolidate and require all the parties to litigate their rights in one action. Acts 1865, §§11,12, 18. The allegations of the complaint will not support the prayer thereof. Civ. Prac. Act, § 39; 1 Edw. Ch. 654 ; 1 TJ. S. Eq. Dig. 278, 280, 281, 292. The statement of facts agreed upon was in the nature of a special finding. The answer denies the contract…
1Opinion of the CourtWarren, C. J.
On the 25th day of November, A. D. 1869, the respondents filed their complaint in the district court of the third judicial district in and for Lewis and Clarke county, to enforce a lien for work done and materials furnished by plaintiffs upon and for a certain building erected upon certain lots situated in the town of Helena, described in the complaint, under a contract with the owner, G. Jules Germaine, one of the defendants. The other defendants are made parties to the proceeding upon the ground of interest in the property sought to be charged, claimed by them respectively, which is alleged…
2Cited by18 opinions
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- Stockman Bank of Montana v. Mon-Kota, Inc.Montana Supreme Court · 2008
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Fleming v. GreenerIndiana Supreme Court · 1909
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