Bush v. Baker
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Mary Busb, executrix, against Charles A. Baker. From an -order granting defendant’s motion for new trial, plaintiff appeals. The action for unlawful detainer does not abate by reason of the fact that the tenant surrenders possession of the premises during the pendency thereof.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Mary Busb, executrix, against Charles A. Baker. From an -order granting defendant’s motion for new trial, plaintiff appeals. The action for unlawful detainer does not abate by reason of the fact that the tenant surrenders possession of the premises during the pendency thereof. (See Peters v. Fisher, 50 Mich. 331, 15 N. W. 496; McLain v. Nurnherg, 16 N. D. 144, 112 N. W. 243; Hebron Church, v. Adams, 121 Mass. 257; Barnett v. Feary, 101 Ind. 95.) At tbe common law, in tbe absence of special stipulation in tbe lease,…
1Opinion of the CourtJustice Sanner
Appeal from an order granting a motion for a new trial. The grounds assigned in the notice of intention were: Insufficiency of the evidence to justify the verdict, that the verdict is against law, and errors of law occurring at the trial. The first of these grounds is not before us, because the motion was heard on the minutes of the court by a judge who did not preside at the trial, and, as conceded on oral argument by both parties, it was not, and could not have been, granted for insufficiency of the evidence. The second ground is plainly without merit. The respondent does not indicate, nor…
2Cases cited8 opinions
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- McLain v. NurnbergNorth Dakota Supreme Court · 1907
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