Holland v. Huston
Montana Supreme Court
Appeal from District Court, Cascade county. C. H. Benton, Judge. Action by Louis Holland against Joseph E. Huston. Verdict for plaintiff. From an order granting a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Cascade county. C. H. Benton, Judge. Action by Louis Holland against Joseph E. Huston. Verdict for plaintiff. From an order granting a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. Respondent (defendant below) a constable at Great Falls, Cascade county, Montana, by virtue of an execution in his hands upon a .judgment rendered against one Olson in a justice’s court, levied upon and sold two horses as the property of Olson. The appellant (plaintiff below), on March 8, 1895, brought an action against said defendant for the…
1Opinion of the CourtBuck, J.
-It appears from the record that the only substantial conflict in the evidence on the trial was as to the value of the horses. The evidence on this subject was as follows : A witness for defendant, one Catlin, admitted that the value of the horses was $125. The amount realized on the execution sale of them by the constable was $180. A witness for plaintiff, one Wilber, testified that, in his opinion, the horses were worth $250 ac the date the constable seized them, on February 25, 1895.
The respondent contends that the only evidence to sustain the jury in finding these horses worth $250 is…
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