Jubilee Placer Co. v. Hossfeld
Montana Supreme Court
Appeal from District Court, Jefferson County. Franh Showers, Judge. Action by the Jubilee Placer Company against Catherine Hossfeld. From a judgment in favor of defendant, and an order denying its motion for a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Jefferson County. Franh Showers, Judge. Action by the Jubilee Placer Company against Catherine Hossfeld. From a judgment in favor of defendant, and an order denying its motion for a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. This was an equitable action brought in the District Court of Jefferson county, Montana, in 1895, for the purpose of setting aside a decree entered in a previous action between the same parties in the same court in 1891. The predecessors in interest of plaintiff and defendant had litigated the…
1Opinion of the CourtBuck, J.
Appellant states as a proposition of law that although an attorney has authority, by virtue of his employment as such, to do all acts which affect the remedy in a suit, still he cannot, by virtue of his employment alone, do that which destroys his client’s cause of action; citing in support of this contention Derwort v. Loomer, 21 Conn. 245; Holker v. Parker, 7 Cranch, 436; Stokely v. Robinson, 34 Pa. St. 315; Lambert v. Sandford, 2 Blackf. 137; People v. Lamborn, 1 Scam. 123; and Jones v. Inness, 32 Kan. 177, 4 Pac. 95.
The respondent does not dispute this statement of the legal principle…
2Cases cited4 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Derwort v. LoomerSupreme Court of Connecticut · 1851
- Jones v. InnessSupreme Court of Kansas · 1884
- Lambert v. SandfordIndiana Supreme Court · 1828
3Cited by6 opinions
- Harris v. RootMontana Supreme Court · 1903
- Mongeon v. BurkebileNorth Dakota Supreme Court · 1952
- United States Fidelity & Guaranty Co. v. BourdeauMontana Supreme Court · 1922
- Rieckhoff v. WoodhullMontana Supreme Court · 1937
- Schalk v. BreshnahanMontana Supreme Court · 1960
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