Commissioners of Jefferson County v. Lineberger
Montana Supreme Court
Appeal from First District, Jefferson County. The cause was tried before Blaee, J. The summons in the case was radically defective in not stating the cause and general nature of the action. Defendants’ demurrer to the complaint should have been sustained for the following reasons: First, the bond was given to the Territory instead of the county commissioners. Second, it does not purport to be for the use and benefit of the county.
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Appeal from First District, Jefferson County. The cause was tried before Blaee, J. The summons in the case was radically defective in not stating the cause and general nature of the action. Defendants’ demurrer to the complaint should have been sustained for the following reasons: First, the bond was given to the Territory instead of the county commissioners. Second, it does not purport to be for the use and benefit of the county. Third, the complaint sets forth no facts to show how the Territory became trustee for plaintiff. Fourth, there is no statute enabling the Territory to become such…
1Opinion of the Court
"Wade, 0. J.
Before proceeding to discuss the questions raised by this appeal, I deem it my duty to say that the record in this case is unworthy a place among the files of this court, and if its defects had been discovered before the adjournment of the last term, at which time the case was submitted, the same would not have been received. The transcript seems to have been made with the sole desire of extorting large fees for the labor of writing the same. It is a double transcript, and of course double fees were received for making it. It contains 128 pages, when, if properly made and…
2Cases cited16 opinions
- United States v. ThomasSupreme Court of the United States · 1873
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dunlop v. MunroeSupreme Court of the United States · 1812
- United States v. MorganSupreme Court of the United States · 1851
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3Cited by15 opinions
- Bush v. Johnson CountyNebraska Supreme Court · 1896
- Morris v. WibauxIllinois Supreme Court · 1895
- State v. NevinNevada Supreme Court · 1885
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
- Board of Education v. JewellSupreme Court of Minnesota · 1890
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