Ridpath v. Heller
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by "William M. Ridpath against August and Retha Heller to recover for the breach of a warranty against encumbrances. From a judgment in favor of plaintiff and an order overruling their motion for a new trial, defendants appeal.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by "William M. Ridpath against August and Retha Heller to recover for the breach of a warranty against encumbrances. From a judgment in favor of plaintiff and an order overruling their motion for a new trial, defendants appeal. The power to impose taxes and create liens is not an inherent power of a municipal corporation, nor do the courts indulge in presumptions in favor of the creation or organization of municipal corporations nor the exercise of the powers thereof, but the existence of all these things must be…
1Opinion of the CourtJustice Sanner
Action to recover for the breach of .a warranty against encumbrances. A demurrer to the complaint and an objection .to the introduction of any evidence under it were overruled; and at the close of the evidence for the respondent a motion for nonsuit was denied. Respondent had judgment according to the prayer of the complaint, and from that judgment and from an order overruling their motion for a new trial, defendants appeal. The principal questions presented are: (1) The sufficiency of the complaint, and (2) the admissibility of oral testimony by an attorney to establish the law of a sister…
2Cases cited3 opinions
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- McGlauflin v. WormserMontana Supreme Court · 1903
- McKnight v. Oregon Short Line RailroadMontana Supreme Court · 1905
3Cited by11 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Johnson v. JohnsonMontana Supreme Court · 1932
- Wells-Dickey Co. v. EmbodyMontana Supreme Court · 1928
- Crenshaw v. CrenshawMontana Supreme Court · 1947
- Gauss v. TrumpMontana Supreme Court · 1913
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