Smith v. Shook
Montana Supreme Court
Appeal from- District Court, Missoula County; F. C. Webster, Judge. Action by Charles G. Smith against George D. Shook. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. A new trial should have been granted on the ground of 'surprise, and also1 on the ground of newly discovered evidence. (Am. & Eng. Ency.
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Appeal from- District Court, Missoula County; F. C. Webster, Judge. Action by Charles G. Smith against George D. Shook. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. A new trial should have been granted on the ground of 'surprise, and also1 on the ground of newly discovered evidence. (Am. & Eng. Ency. PL & Pr. p. 742; Phoenix v. Baldwin, 14 Wend. 62; Leavy v. Brown, 2 Ark. 16; Lockwood v. Rose, 125 Ind. 588; Oberlcmder v. Fixen & Co., 129 Cal. 690.) The alleged facts do not in law constitute surprise, the appellant has been guilty of laches and his…
1Opinion of the Court
ME. COMMISSIONEE POOEMAN
prepared the following opinion for the court:
This action was commenced in the justice court to recover the sum of $50 alleged to have been theretofore loaned by plaintiff to defendant. The defendant made general denial. Verdict *33and judgment for plaintiff. Defendant appealed to tlie district court, where a trial again resulted in a verdict and judgment for the plaintiff. The defendant appeals from the judgment and from the order denying his motion for a new trial.
It appears from the record that the plaintiff and his wife had been employed by the firm of Shook &…
2Cases cited16 opinions
- Oberlander v. Fixen & Co.California Supreme Court · 1900
- Arnold v. SkaggsCalifornia Supreme Court · 1868
- Leyson v. DavisMontana Supreme Court · 1895
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
- State v. BrooksMontana Supreme Court · 1899
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- State v. PRLJAMontana Supreme Court · 1920
- State v. ProutyMontana Supreme Court · 1921
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