Ayotte v. Nadeau
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj E. W. Harney, Judge. Action by Samuel Ayotte against Peter Nadeau. Prom an order denying a new trial, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion.
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Appeal from District Court, Silver Bow Countyj E. W. Harney, Judge. Action by Samuel Ayotte against Peter Nadeau. Prom an order denying a new trial, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion. This action was brought by plaintiff to recover a judgment declaring him entitled to an undivided one-half interest in a certain building erected by the defendant upon a portion of a parcel or lot of land owned by the parties as tenants in common, and situate in Butte, Silver Bow county, as well as one-half of the rents already accrued and to accrue for its use.…
1Opinion of the CourtChief Justice Beantly
1. The contention is made by appellant that the complaint does not state a cause of action. Eespondent argues that this contention presents a question which cannot be determined upon this appeal. The sufficiency of a pleading will not ordinarily be examined on the motion for a new trial, nor on appeal from an order disposing of it, because the motion presents for review only rulings made during the progress of the trial. Eulings made prior to trial are reviewable on appeal from the judgment. (Scherrer v. Hale, 9 Mont. 63, 22 Pac. 151; Powder River Cattle Co. v. Commissioners of Custer Co., 9…
2Cases cited32 opinions
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Wolke v. FlemingIndiana Supreme Court · 1885
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Israel v. IsraelCourt of Appeals of Maryland · 1869
- Crocker v. HigginsSupreme Court of Connecticut · 1829
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3Cited by16 opinions
- Gravelin v. PorierMontana Supreme Court · 1926
- Spellman v. RhodeMontana Supreme Court · 1905
- Hennigh v. HennighMontana Supreme Court · 1957
- Airington v. AiringtonSupreme Court of Oklahoma · 1920
- Binzel v. ViehmannMontana Supreme Court · 1940
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