Cunningham v. Quirk
Montana Supreme Court
Appeal from First Judicial District, Lems and Clarice County. Defendant’s motion for a new trial was granted by Hunt, J. Defendant’s statement on motion for a new trial is wholly insufficient to sustain the order of the court granting a new trial. It does not appear that any motion for a new trial was ever made or filed. (Griswold v. Boley, 1 Mont. 545; First Nat.
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Appeal from First Judicial District, Lems and Clarice County. Defendant’s motion for a new trial was granted by Hunt, J. Defendant’s statement on motion for a new trial is wholly insufficient to sustain the order of the court granting a new trial. It does not appear that any motion for a new trial was ever made or filed. (Griswold v. Boley, 1 Mont. 545; First Nat. Bank v. McAndrews, 5 Mont. 251; Gum v. Murray, 6 Mont. 10.) The trial court will not set aside a verdict as excessive unless it is clearly apparent that the jury were influenced by passion, corruption, or prejudice. (Boss v. Innis,…
1Opinion of the CourtBlake, C. J.
The appellant alleges in her complaint that, she was the owner of, and in possession of the following described property, to wit: One carpet, bedstead, bureau, washstand, table, wire-spring, mattress, lamp, chair, stove, and two. pillows and four shades of the value of $196; that the same were taken and converted, July 15, 1889, by the respondent; and that she has suffered damages by the unlawful conversion.-
*465The answer sets forth substantially that James Kerwin recovered a judgment against the appellant in the sum of $101.25, and that the property was sold by said respondent as a constable…
2Cases cited1 opinion
- Kennon v. GilmerSupreme Court of the United States · 1889
3Cited by5 opinions
- State ex rel. Cohn v. District CourtMontana Supreme Court · 1909
- State Highway Comm'n v. SchmidtMontana Supreme Court · 1964
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Mattock v. GoughnourMontana Supreme Court · 1891
- State Highway Comm'n v. SchmidtMontana Supreme Court · 1964