Herman v. Jeffries
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. This was an action commenced by Mary Herman, a married woman, against Chas. M. Jeffries, the sheriff of Lewis and Clarke county, for the possession of certain personal property which the said Jeffries, as such sheriff, had theretofore levied an execution upon as the property of Jacob Herman, her husband. The verdict was for the plaintiff, and. the defendant appealed.
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Appeal from Third District, Lewis and Clarke County. This was an action commenced by Mary Herman, a married woman, against Chas. M. Jeffries, the sheriff of Lewis and Clarke county, for the possession of certain personal property which the said Jeffries, as such sheriff, had theretofore levied an execution upon as the property of Jacob Herman, her husband. The verdict was for the plaintiff, and. the defendant appealed. Appellant claims that the court below erred in permitting the plaintiff (against the objection of appellant) to introduce in evidence her “declaration as sole trader” (p. 13 of…
1Opinion of the CourtWade, C. J.
In this action the plaintiff, who is a married woman, seeks to recover from the defendant, the sheriff of Lewis and Clarke county, the value of certain horses, claimed by her as her sole and separate property, which were seized on execution and sold to satisfy a judgment against her husband.
1. To maintain her right and title to the property in question, the plaintiff, among other things, offered, and the court received, in evidence her declaration as a sole trader, and thereupon the defendant filed a bill of exceptions, which, after setting out the declaration, acknowledgment thereof and…
2Cases cited2 opinions
- McKinstry v. Clark & CameronMontana Supreme Court · 1882
- McKinney v. PowersMontana Supreme Court · 1876
3Cited by5 opinions
- State v. SouhradaMontana Supreme Court · 1949
- Kleinschmidt v. McDermottMontana Supreme Court · 1892
- In Re WilsonUnited States Bankruptcy Court, D. Montana · 2007
- Montana Improvement Co. v. ColterMontana Supreme Court · 1888
- Brown v. Savings Bank of the Grand FountainDistrict of Columbia Court of Appeals · 1906