O'Meara v. McDermott
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John H. O’Meara against Peter T. McDermott. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. No suitor is allowed to invoke the aid of the courts upon contradictory principles of redress upon one and the same line of facts.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John H. O’Meara against Peter T. McDermott. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. No suitor is allowed to invoke the aid of the courts upon contradictory principles of redress upon one and the same line of facts. As soon as the choice of remedies is made and one of the alternative remedies proffered by the law adopted, his act at once operates as a bar as regards the other, and the bar is final and absolute. It may be stated as the correct rule that, subject to…
1Opinion of the CourtJustice Smith
After this case was remanded for a new trial (see O’Meara v. McDermott, 40 Mont. 38, 104 Pac. 1049), the defendant amended his answer by pleading a former adjudication, predicated upon the judgment entered in favor of the defendants in the action brought by O ’Meara and Kerrigan against McDermott and wife for an accounting of the profits resulting from the sale of the mining claims mentioned in the former opinion of this court, as alleged partners of McDermott. The amended answer -also contains the allegation that by the commencement and prosecution of the so-called partnership action for an…
2Cases cited22 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Thompson v. HowardMichigan Supreme Court · 1875
- Nanson v. JacobSupreme Court of Missouri · 1887
- Agar v. WinslowCalifornia Supreme Court · 1899
- McLaughlin v. AustinMichigan Supreme Court · 1895
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3Cited by5 opinions
- August v. BurnsMontana Supreme Court · 1927
- Parsons v. RiceMontana Supreme Court · 1928
- Gaspar v. BuckinghamMontana Supreme Court · 1944
- Casey v. MusgraveNevada Supreme Court · 1956
- National Surety Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1927