Degenhart v. Cartier
Montana Supreme Court
Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Lee C. Degenhart against George A Cartier and others. From a judgment for defendants, plaintiff appeals. The authorities often state the maxim of law that there is no wrong without a remedy. Neither is it necessary that there should be precedent for every action for every remedy that is sought in the courts. (Cooley on Tort, 1st ed., 19; 1 R. C. L., 322; Kujek v. Goldman, 150 N. Y. 176, 55 Am.
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Appeal from District Court, Granite County; Geo. B. Winston, Judge. Action by Lee C. Degenhart against George A Cartier and others. From a judgment for defendants, plaintiff appeals. The authorities often state the maxim of law that there is no wrong without a remedy. Neither is it necessary that there should be precedent for every action for every remedy that is sought in the courts. (Cooley on Tort, 1st ed., 19; 1 R. C. L., 322; Kujek v. Goldman, 150 N. Y. 176, 55 Am. St. Rep. 670, 34 L. R. A. 156, 44 N. E. 773; Pavesich v. New England M. L. Ins. Go., 122 Ga. 190, 106 Am. St. Rep. 104, 2…
1Opinion of the CourtJustice Sanner
The judgment from which this appeal is taken was entered .after a general demurrer to the complaint, filed by defendants jointly, had been sustained; the plaintiff declining to further plead. Hence the only question before us is whether a cause of action is stated against any of the defendants upon any theory.
The purpose of the action is to recover the sum of $1,012.80, with interest. The complaint is in three counts, doubtless so framed to meet the supposed exigencies of classification. We do not deem the attempt thus made to classify the-action as of great importance, since it is the facts…
2Cases cited4 opinions
- Moore v. CalvertSupreme Court of Oklahoma · 1899
- Bell-Wayland Co. v. Miller-Mitscher Co.Supreme Court of Oklahoma · 1913
- Carstenbrook v. WedderienCalifornia Court of Appeal · 1908
- Deering & Co. v. WheelerSupreme Court of Iowa · 1889
3Cited by1 opinion
- Degenhart v. CartierMontana Supreme Court · 1920