Montana Mining Co. v. St. Louis Mining & Milling Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarke Country. U. Jf. Blake, Judge. Action by the Montana Mining Company, Limited, against the St. Louis Mining & Milling Company of Montana and others. From a judgment for plaintiff entered on an order overruling a demurrer to the complaint, defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Lewis and Clarke Country. U. Jf. Blake, Judge. Action by the Montana Mining Company, Limited, against the St. Louis Mining & Milling Company of Montana and others. From a judgment for plaintiff entered on an order overruling a demurrer to the complaint, defendants appeal. Statement of the case by the justice delivering the opinion. This was an action in debt brought by the Montana Mining Company, Limited, as obligee, against the St. Louis Mining & Milling Company of Montana, E. W. Knight and T. H. Kleinschmidt, defendants, as obligors, in an injunction bond dated…
1Opinion of the CourtHunt, J.
By far the most important point raised by defendants’ demurrer is that there is a defect of parties plaintiff, or nonjoinder of parties defendant, to the suit. The contention of the learned counsel for appellants is that all parties to the bond should be made parties to this action. The principal point 'for decision, therefore, is, were the obligees in the bond necessary parties plaintiff or defendant? We think they were, and that the district court erred in holding otherwise. Respondent concedes the common-law rule to be that, if the demand or cause of action be joint, all the parties, if…
Also in this document: Concurrence.
2Cases cited19 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Meyers v. BlockSupreme Court of the United States · 1887
- McKenzie v. L'AmoureuxNew York Supreme Court · 1851
- Loomis v. BrownNew York Supreme Court · 1853
- Wallis v. DilleyCourt of Appeals of Maryland · 1854
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3Cited by8 opinions
- Walker v. RichCalifornia Court of Appeal · 1926
- Comerford v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1921
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
- Prudential Mortgage & Investment Co. v. City of New BritainSupreme Court of Connecticut · 1937
- Hanson v. HodgeWashington Supreme Court · 1916
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