Elliott v. Martin
Montana Supreme Court
. Appeal from District Court/ Silver Bow County; William Clancy, Judge. Action by J. A. Elliott and another against E, W. Martin and others. From a judgment for defendants and an order denying a new trial, plaintiffs appeal. Upon the defendants rested the burden of proof to establish, by a preponderance of the evidence, the agreement which they plead in defense, and the court should have, so- instnicted the jury.
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. Appeal from District Court/ Silver Bow County; William Clancy, Judge. Action by J. A. Elliott and another against E, W. Martin and others. From a judgment for defendants and an order denying a new trial, plaintiffs appeal. Upon the defendants rested the burden of proof to establish, by a preponderance of the evidence, the agreement which they plead in defense, and the court should have, so- instnicted the jury. (Code of Civil Proe., Section 3290; Stafford v. Horn-huchle, 3 Mont, 494; Wright v. Stewart, 19 Wash. 179, 52 Pac. Rep. 1020; Dignan v. Spurr, 3 Wash. 309, 28 Pac. Rep. 529; Roach v.…
1Opinion of the CourtJustice Milburn
delivered tlie opinion of tbe court
So far as we are able to determine from the statement of the case set out in the appellants’ brief, this appears to be an appeal from a judgment entered in favor of the defendants and from an order denying a motion for a new trial. It appears that the defendants made and delivered to the plaintiffs their certain promissory note for $4,280.70, dated February 10, 1891, and gave as security therefor a 'chattel mortgage upon a certain stock of millinery goods used in trade. Appellants allege that upon default of interest on May 1, 1891, and of a certain in…
2Cases cited1 opinion
- Casey v. ThieviegeMontana Supreme Court · 1903
3Cited by7 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. MatkinsMontana Supreme Court · 1912
- Ebaugh v. BurnsMontana Supreme Court · 1922
- Sandeen v. Russell Lumber Co.Montana Supreme Court · 1912
- Smith v. ShookMontana Supreme Court · 1904
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