State ex rel. Milsted v. Butte City Water Co.
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. MaNdamus. The writ was made peremptory by Speer, J. Statement of the case by the justice delivering the opinion. Mandamus to compel the respondent, defendant, to turn on the water for general use at a certain house in Butte.
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Appeal from Second Judicial District, Silver Bow County. MaNdamus. The writ was made peremptory by Speer, J. Statement of the case by the justice delivering the opinion. Mandamus to compel the respondent, defendant, to turn on the water for general use at a certain house in Butte. The petitioner avers that he is a citizen and inhabitant of Butte; that the defendant water company is a corporation existing under the laws of Montana, engaged in supplying the inhabitants of Butte with water, under a certain franchise granted to the predecessor in interest of said corporation by the city of Butte;…
1Opinion of the CourtHunt, J.
The appellant contends that there was an issue of fact tendered by the answer of respondent upon the question whether relator was or was not a tenant in possession of the premises involved. But we think that the denial of respondent, that ‘‘as to whether relator is a tenant in possession of the said premises, it had no knowledge or information upon which to found a belief, and therefore denies the same, ’5 was not good under Compiled Statutes, 1887 (Code Civ. Proc. 89.) The court required a specific denial of .the material allegations of the complaint controverted by the defendant. ‘ If the…
2Cases cited5 opinions
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- MacLay v. SandsSupreme Court of the United States · 1877
- Cumins v. Lawrence CountySouth Dakota Supreme Court · 1890
- Sands v. MaclayMontana Supreme Court · 1874
3Cited by26 opinions
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- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
- Stadler v. First National BankMontana Supreme Court · 1899
- City of Galveston v. E.B. KennerTexas Supreme Court · 1922
- Farmer v. Mayor of NashvilleTennessee Supreme Court · 1912
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