Legal Opinion

Proctor v. Irvin

Montana Supreme Court

Decided May 22, 1899No. 1,224PublishedCited by 1 opinion

Appeal from District Court, Flathead County, D. F. ■Smith, Judge. Action by Clarence E. Proctor against William Irvin and -others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. The court erred in admitting evidence as to the probable increase of the cattle, provided they had remained in the possession of plaintiff. This was too remote. The dam ages, referred to were purely speculative.

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Appeal from District Court, Flathead County, D. F. ■Smith, Judge. Action by Clarence E. Proctor against William Irvin and -others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. The court erred in admitting evidence as to the probable increase of the cattle, provided they had remained in the possession of plaintiff. This was too remote. The dam ages, referred to were purely speculative. There are hundreds of conditions which effect the increase of a band of cattle, especially in this country — the climatic influences, the conditions of the ranges, the…

1Opinion of the CourtHunt, J.

Plaintiff, respondent here, sued defendants, who are appellants, to recover possession of 186 head of cattle belonging to plaintiff, alleged to have been wrongfully and unlawfully taken by defendants from plaintiff’s possession, and for damages for the detention of said cattle. Defendants, by an amended answer, on information and belief denied plaintiff’s ownership; positively denied a wrongful or unlawful taking, or a wrongful or unlawful withholding, and any damages by reason of such taking and detention. Trial by jury. Verdict and and judgment for plaintiff, awarding him a return of the…

2Cases cited1 opinion

  1. Harris v. ShontzMontana Supreme Court · 1870

3Cited by1 opinion

  1. Yank v. BordeauxMontana Supreme Court · 1903

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