Whitbeck v. Montana Central Railway Co.
Montana Supreme Court
Action by Maggie Whitbeck against the Montana Central Railway Company and the Great Northern Railway Company, in the District Court of Cascade County, J. B. Leslie, Judge. There was an order reversing a judgment for defendants, and defendants apply for a writ of certiorari.
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Action by Maggie Whitbeck against the Montana Central Railway Company and the Great Northern Railway Company, in the District Court of Cascade County, J. B. Leslie, Judge. There was an order reversing a judgment for defendants, and defendants apply for a writ of certiorari. “Has the District Court of Cascade County, ‘Terms?’” Citing Section 7, Article VIII, of the State Constitution, Section 38 of the Code of Civil Procedure; State v. McHatton, 25 Pac. 1046, and other sections of the Code of Civil Procedure. “The procedure for review of orders and judgments of the district court is prescribed…
1Opinion of the CourtHunt, J.
The petition discloses that Mrs. Whitbeck brought an action against the petitioners (defendants in the action mentioned) to recover damages for cruel and inhuman treatment alleged to have been inflicted by defendants. Defendants answered, denying the averments of the complaint, *104and setting up a justification. Upon the issues thus framed by the pleadings the action was pending, when, on September 25, 1897, defendants therein (petitioners here) moved for judgment on the pleadings, on the ground that the complaint failed to state facts sufficient to constitute a cause of action against either of…
2Cases cited8 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- In re GannonCalifornia Supreme Court · 1886
- Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
- Coombs v. Hibberd.California Supreme Court · 1872
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3Cited by11 opinions
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Blair v. BlairSupreme Court of Kansas · 1915
- State ex rel. Smith v. District CourtMontana Supreme Court · 1919
- Ogle v. PotterMontana Supreme Court · 1900
- State ex rel. McHatton v. District CourtMontana Supreme Court · 1918
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