Garver v. Lynde
Montana Supreme Court
Appeal from District Court, Gallatin County. Can the plaintiff select certain portions of an order and swear that the debt was due in September, 1884, and in December, 1886, file a supplemental complaint which shows that the debt was not due until the last named date, if due at all, and yet prevail in this action? Section 109, Code of Civil Procedure, makes provision for the filing of a supplemental complaint, etc., but that provision is subject to a legal construction, and…
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Appeal from District Court, Gallatin County. Can the plaintiff select certain portions of an order and swear that the debt was due in September, 1884, and in December, 1886, file a supplemental complaint which shows that the debt was not due until the last named date, if due at all, and yet prevail in this action? Section 109, Code of Civil Procedure, makes provision for the filing of a supplemental complaint, etc., but that provision is subject to a legal construction, and it has been uniformly held that a party who commences suit before his cause of action accrues cannot, after it accrues,…
1Opinion of the Court
The opinion states the case.
Galbraith, J.
This was an action to recover the amount claimed to be due upon a certain order drawn by White Calfee, on the appellants Lynde and Holden, and conditionally accepted by them, and payable to the respondents. The appellants had a contract with the Northern Pacific Railroad Company for the delivery of a great number of ties, and White Calfee was their subcontractor. White Calfee, being indebted to the respondents for goods, wares, and merchandise, and the amount due him from appellants being greater than his indebtedness to the respondents, gave them an…
2Cases cited3 opinions
- Collier v. ErvinMontana Supreme Court · 1878
- Francisco v. BenepeMontana Supreme Court · 1886
- Perkins v. DavisMontana Supreme Court · 1876
3Cited by9 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Pierce v. Great Falls & Canada Railway Co.Montana Supreme Court · 1899
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
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