Ferrat v. Adamson
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by W. D. Ferrat against James M. Adamson, as Constable of Helena Township, Lewis and Clark County, State of Montana, and another. Judgment for plaintiff and defendants appeal. The language of section 6131, Revised Codes, is sufficiently comprehensive to embrace property such as that involved here.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by W. D. Ferrat against James M. Adamson, as Constable of Helena Township, Lewis and Clark County, State of Montana, and another. Judgment for plaintiff and defendants appeal. The language of section 6131, Revised Codes, is sufficiently comprehensive to embrace property such as that involved here. The term “goods” is of very extensive meaning, and is generally understood and held to mean personal estate as contradistinguished from realty. It includes every conceivable kind of personal property, as well as…
1Opinion
On the'Merits.
[2] 1. Does the complaint state a cause of action against the American Surety Company? That company is sued only in its capacity as surety upon the official bond of the constable, and unless it is alleged that the relationship of principal and surety existed at the time of the seizure of the property (October 15, 1914) or the sale (November 7, 1914), or at some time between those dates when the property was held wrongfully, no cause of action is stated against the company. The allegation Of the complaint which seeks to fasten liability upon the company is to the effect that on…
2Cases cited14 opinions
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- De Celles v. CaseyMontana Supreme Court · 1914
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Plass v. MorganWashington Supreme Court · 1904
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