Harmon v. Comstock Horse & Cattle Co.
Montana Supreme Court
Appeal from Fourth Judicial District, Custer County. The cause was tried before Liddell, J., without a jury. The findings and judgment were for the plaintiff. Defendant apjoeals from an order overruling a motion for a new trial. The complaint does not allege sufficient facts to show that the Probate Court acquired any right to issue a writ of attachment in the case of Harmon v. Speelman, in that court.
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Appeal from Fourth Judicial District, Custer County. The cause was tried before Liddell, J., without a jury. The findings and judgment were for the plaintiff. Defendant apjoeals from an order overruling a motion for a new trial. The complaint does not allege sufficient facts to show that the Probate Court acquired any right to issue a writ of attachment in the case of Harmon v. Speelman, in that court. There is not an intimation that a complaint was filed in the Probate Court, or that a summons was issued or served upon Speelman, or that an undertaking on attachment was given; nothing only…
1Opinion of the CourtBlake, C. J.
This action was commenced by Harmon to recover damages for the wrongful taking by the appellant, a corporation, of certain horses which are described in the complaint. The cause was tried by the court below without a jury, and the findings of the facts which are pertinent to this hearing are to this effect, to wit: That Harmon commenced an action May 14, 1887, in the Probate Court of Custer County, against one Speelman, upon an account for $200.16; that an attachment was then issued out of said court, and placed in the hands of the sheriff of the county; that the writ of attachment was levied…
2Cases cited19 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Gray v. PalmerCalifornia Supreme Court · 1865
- Hathaway v. . HowellNew York Court of Appeals · 1873
- Benson v. AdamsIndiana Supreme Court · 1879
- Genella v. RelyeaCalifornia Supreme Court · 1867
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3Cited by13 opinions
- Henderson v. DanielsMontana Supreme Court · 1922
- Kelly v. Independent Publishing Co.Montana Supreme Court · 1912
- State v. LagoniMontana Supreme Court · 1904
- Thelen v. VogelMontana Supreme Court · 1929
- State ex rel. Stack v. GrimmSupreme Court of Missouri · 1912
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