Perkins v. Kramer

This is an appeal from a judgment of dismissal with costs to defendants entered after the defendants ’ demurrer to plaintiff’s complaint was sustained and after plaintiff elected to stand upon his complaint. The complaint asks for a declaratory judgment and for relief from the judgment entered in the district court of Powell county in cause No. 2839 after the decision of this court on the appeal reported in Woodward v. Perkins, 116 Mont. 46, 147 Pac. (2d) 1016, that defendants be restrained from interfering with plaintiff in pursuing the relief here sought.

In substance the complaint alleges…