Hickey v. Breen
Montana Supreme Court
Appeal from District Court, Granite County; Geo. B. Winston, ■Judge. Action in claim and delivery by John and James Hickey .against Peter Breen. Plaintiffs had judgment, from which, and ,an order denying a new trial, defendant appeals. The complaint was insufficient.
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Appeal from District Court, Granite County; Geo. B. Winston, ■Judge. Action in claim and delivery by John and James Hickey .against Peter Breen. Plaintiffs had judgment, from which, and ,an order denying a new trial, defendant appeals. The complaint was insufficient. It does not appear therefrom that the plaintiffs had any cause of action at the time of its commencement, because it did not set out that they had the immediate right of possession at the time of the commencement ¡of the suit. (Fredericks v. Tracy, 98 Cal. 658, 33 Pac. 750; Glass v. Basin & Bay State Min. Co., 31 Mont. 21, 77…
1Opinion of the CourtJustice Holloway
This is an appeal by the defendant from, a judgment in favor of the plaintiffs, and from an order denying his motion for a new trial. The action is in claim and delivery, and the complaint is in the usual form. Paragraph 2 reads as follows: “ (2) That on said twelfth day of July, 1908, at the county of Granite, in the state of Montana, the defendant wrongfully, and without consent of the plaintiffs, took said bay mare from the possession of the plaintiffs, and ever since has so wrongfully held possession of the same.” The answer denies generally all the allegations of the complaint.
In Kaufman…
2Cases cited10 opinions
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- Hynes v. BarnesMontana Supreme Court · 1904
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