Nelson v. Donovan
Montana Supreme Court
Appeal from, Eighth Judicial District, Cascade County. Judgment on the pleadings was rendered for the plaintiff below by Benton; J.
1Opinion of the CourtDe Witt, J.
Since the decision of the motion in this case (It Mont. 78, 35 Pac. 227) the case stands upon an appeal *86from the judgment. There is nothing before us but the judgment roll. Judgment was rendered in favor of the plaintiff upon the pleadings. If there was an issue in the pleadings, this was error. The appellants contend that there was an issue. The plaintiff sued upon a bond, alleging breach of the conditions of the same. The bond was given by appellants here to stay an execution pending a motion for new trial in the case of James Donovan (one of the defendants and appellants here) against N.…
2Cases cited7 opinions
- Coburn v. BrooksCalifornia Supreme Court · 1889
- State v. BiesmanMontana Supreme Court · 1892
- Lomme v. SweeneyMontana Supreme Court · 1872
- Hoskins v. WhiteMontana Supreme Court · 1893
- McCormick v. HubbellMontana Supreme Court · 1881
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3Cited by4 opinions
- First State Bank v. LarsenMontana Supreme Court · 1925
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897
- Rodini v. LytleMontana Supreme Court · 1896
- Swan v. Le ClairMontana Supreme Court · 1926