Kyle v. Chester
Montana Supreme Court
Appeal from District Court, Valley County; John W. Tattan, Judge. Action by Mary A. Kyle, as administratrix of the estate of D. C. Kyle, deceased, against J. D. Chester. Judgment for defendant, and plaintiff appeals. Cause submitted on briefs of counsel. The ground of the motion to dissolve the attachment, in the lower court, was “that the cause of action set forth in said complaint is not an action upon a contract, express or implied, for the direct payment of money."
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Appeal from District Court, Valley County; John W. Tattan, Judge. Action by Mary A. Kyle, as administratrix of the estate of D. C. Kyle, deceased, against J. D. Chester. Judgment for defendant, and plaintiff appeals. Cause submitted on briefs of counsel. The ground of the motion to dissolve the attachment, in the lower court, was “that the cause of action set forth in said complaint is not an action upon a contract, express or implied, for the direct payment of money." It is, of course, apparent that there is here no express contract; but it seems equally plain that there was, at the moment…
1Opinion of the CourtJustice Smith
After this action was begun the plaintiff, D. C. Kyle, died, and Mary A. Kyle, as administratrix, was substituted.
*526It is alleged in the complaint that the defendant negligently drove eight steers belonging to the plaintiff onto the inclosed right of way of the Great Northern Railway, where they were killed by a passing train. The last paragraph alleges that the defendant thereby became indebted to the plaintiff for the value of the steers. "With his complaint the plaintiff filed an affidavit for attachment in the form required by statute, wherein he also alleged that he had sold and delivered…
2Cases cited11 opinions
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Norden v. JonesWisconsin Supreme Court · 1873
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
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3Cited by7 opinions
- Howard v. SwiftIllinois Supreme Court · 1934
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
- Butler v. PetersMontana Supreme Court · 1922
- Heffron v. ThomasMontana Supreme Court · 1921
- Beartooth Stock Co. v. GrosscupMontana Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.