Cameron v. Wentworth
Montana Supreme Court
Appeal from District Court, Lewis and Clarhe County; Henry C. Smith, Judge. Action by Duncan Cameron against George W entworth. Verdict and judgment for plaintiff. From an order granting a new trial, plaintiff appeals. It was contended by the defendant in the court below that said complaints do not state facts sufficient to show that the plaintiff was entitled to the immediate possession of the animals in dispute at the time the suits were instituted.
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Appeal from District Court, Lewis and Clarhe County; Henry C. Smith, Judge. Action by Duncan Cameron against George W entworth. Verdict and judgment for plaintiff. From an order granting a new trial, plaintiff appeals. It was contended by the defendant in the court below that said complaints do not state facts sufficient to show that the plaintiff was entitled to the immediate possession of the animals in dispute at the time the suits were instituted. The allegations of the complaint in action No. 3727 are to the effect that the plaintiff is the owner of the animal sued for; that theretofore…
1Opinion of the CourtJustice Hunt
Plaintiff brought two separate actions in claim and delivery to recover possession of two certain race horses. By consent, the two suits were consolidated for the purposes of trial. Plaintiff recoverd a verdict, and judgment was entered in his favor. Defendant Wentworth moved for a new trial, which motion was granted. Plaintiff appeals from the order granting a new trial.
1. One of the grounds upon which the court granted the motion for a new trial was its error in giving the following instruction.
“It is the duty of the jury, m passing upon the credibility of the testimony of several…
2Cases cited13 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- People v. SpragueCalifornia Supreme Court · 1879
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Gottlieb v. HartmanSupreme Court of Colorado · 1876
- People v. RighettiCalifornia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. FullerMontana Supreme Court · 1906
- State v. PennaMontana Supreme Court · 1907
- State v. De WolfeMontana Supreme Court · 1904
- Vande Veegaete v. Vande VeegaeteMontana Supreme Court · 1925
- Perham v. PutnamMontana Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.