Gehlert v. Quinn
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by H. M. Gehlert against John J. Quinn and another. From a judgment for plaintiff, and from an order denying defendants’ motion for a new trial, they, appeal. A single cause of action cannot be split in order that separate suits may be brought for the various parts of what really constitute but one demand. (1 Ency. of PI. & Pr. 148; Beronio v. Southern Pacific By., 86 Cal. 415, 21 Am.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by H. M. Gehlert against John J. Quinn and another. From a judgment for plaintiff, and from an order denying defendants’ motion for a new trial, they, appeal. A single cause of action cannot be split in order that separate suits may be brought for the various parts of what really constitute but one demand. (1 Ency. of PI. & Pr. 148; Beronio v. Southern Pacific By., 86 Cal. 415, 21 Am. St. Rep. 57, 24 Pac. 1093; Brannenburg v. I. D. etc. By., 13 Ind. 103, 74 Am. Dec. 250; Bendernagle v. Cocks, 19 "Wend. 207, 32 Am.…
1Opinion of the CourtJustice Smith
This is an action in conversion, to recover of Quinn, a sheriff, and his official sureties, damages for the alleged wrongful seizure of the stock and fixtures in a certain meat market in Butte. Plaintiff alleges that the property taken was of the value of $1,500, and that the entire damages suffered by him are $1,800.
*454The defendants answered that the property was taken by virtue of a writ of attachment against one Fay, and that plaintiff was neither the owner nor in possession thereof at the time of taking. As an affirmative defense the defendants allege that before the commencement of this…
2Cases cited2 opinions
- Winston v. BurnellSupreme Court of Kansas · 1890
- Huffman v. KnightOregon Supreme Court · 1900
3Cited by16 opinions
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- Fleming v. LockwoodMontana Supreme Court · 1907
- In Re Wray's EstateMontana Supreme Court · 1933
- Parchen v. ChessmanMontana Supreme Court · 1917
- Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
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