Powder River Cattle Co. v. Commissioners of Custer County
Montana Supreme Court
Appeal from Third Judicial District, Yellowstone County. The cause was tried before Liddell, J. Statement of facts, prepared by the judge delivering the opinion. The plaintiff is a corporation, organized under and by virtue of the laws of the kingdom of Great Britain and Ireland, and at the times mentioned in the complaint was doing business in the Territory of Montana, rearing, buying, and selling cattle, horses, and live-stock generally.
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Appeal from Third Judicial District, Yellowstone County. The cause was tried before Liddell, J. Statement of facts, prepared by the judge delivering the opinion. The plaintiff is a corporation, organized under and by virtue of the laws of the kingdom of Great Britain and Ireland, and at the times mentioned in the complaint was doing business in the Territory of Montana, rearing, buying, and selling cattle, horses, and live-stock generally. The plaintiff, during the year 1885, had a ranch in Custer County, Montana, and had cattle and horses in said county and Territory during that time. The…
1Opinion of the CourtBach, J.
Before the trial of this cause the defendant moved for judgment upon the pleadings. The court denied the motion, and the action of the court is enumerated as “one of the errors of law occurring during the trial,” in the specification of errors attached to the statement on motion for a new trial. An order of the court made before trial cannot be an “error'of law occurring during the progress of the trial,” and therefore is not an error of law which can be made a ground for a new trial. (See *149Scherrer v. Hale, ante, page 63, decided at tbis term of court.) But the defendant, upon the trial,…
2Cases cited11 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
- Utley v. Clark-Gardner Lode Mining Co.Supreme Court of Colorado · 1878
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3Cited by18 opinions
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- Stringer v. Franklin CountyCourt of Appeals of Texas · 1909
- Rex Beach Pictures Co. v. Harry I. Garson ProductionsMichigan Supreme Court · 1920
- School District No. 12 v. Pondera CountyMontana Supreme Court · 1931
- Atlantic Richfield Co. v. Board of the County CommissionersWyoming Supreme Court · 1977
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