Creek v. McManus
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Action upon an injunction bond. Judgment was rendered for the defendants below by Armstrong, J. Statement of facts, prepared by the judge delivering the opinion. The plaintiff brought this action to recover against the defendants damages for the alleged wrongful issuance of an injunction.
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Appeal from Ninth Judicial District, Gallatin County. Action upon an injunction bond. Judgment was rendered for the defendants below by Armstrong, J. Statement of facts, prepared by the judge delivering the opinion. The plaintiff brought this action to recover against the defendants damages for the alleged wrongful issuance of an injunction. McManus, defendant herein, brought an action for an injunction against this plaintiff, and, in such action, gave the statutory undertaking, with Cline and Davis, the other defendants herein, as sureties. That action was for an injunction only. In that…
1Opinion of the CourtDe Witt, J.
Appellant contends that the granting of the motion to instruct the jury to find for the defendants was error. This action by the court in a civil case was practically, in effect, the granting of a nonsuit, and must be classified and treated as a nonsuit. That this is the proper view of that action by the court was so fully, and, to my mind, satisfactorily, treated in the recent case of McKay v. Montana Union Ry. Co., ante, p. 15, that it would not be profitable to add to the remarks made in that case. In reviewing the judgment rendered upon the sustaining of that motion for a nonsuit, all…
2Cases cited7 opinions
- Allport v. KelleyMontana Supreme Court · 1876
- Parker v. BondMontana Supreme Court · 1883
- Miles v. EdwardsMontana Supreme Court · 1886
- Gans v. WoolfolkMontana Supreme Court · 1876
- Carron v. WoodMontana Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bishop v. BaisleyOregon Supreme Court · 1895
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Littleton v. BurgessWyoming Supreme Court · 1907
- Jensen v. BarbourMontana Supreme Court · 1895
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
25 more not listed; retrieve them via the Exa API.