Power v. Lenoir
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County/ ILenry N. Blake, Judge. Action by T. C. Power against B. O. Lenoir and others. From a j udgment for plaintiff, and from an order denying a new trial, defendants appeal. Statement of the case by the Justice delivering the opinion.
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Appeal from District Court, Lewis and Clarke County/ ILenry N. Blake, Judge. Action by T. C. Power against B. O. Lenoir and others. From a j udgment for plaintiff, and from an order denying a new trial, defendants appeal. Statement of the case by the Justice delivering the opinion. This suit was brought for the purpose of setting aside a conveyance by the defendant B. O. Lenoir to his wife, Margaret Ann Lenoir, of certain lots situate in the city of Helena, Lewis and Clarke county, Montana, and also to avoid a will made by .Margaret Ann Lenoir, with her husband’s.consent, in favor of her two…
1Opinion of the CourtBrantly, C. J.
Counsel for plaintiff object to the consideration by this Court of any question presented by the motion for a new trial, and ask to have the statement stricken out on two grounds: That the notice of intention to move for a new trial was not given in time, and that the statement was not served in time. The facts appearing in the record are that the attorney for defendants served a notice of intention on the attorney for plaintiff on December 28, 1896, within seven days after the findings by the jury were made and filed. Nothing further was done under this notice. It was not filed with the…
2Cases cited31 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Pryor v. DowneyCalifornia Supreme Court · 1875
- Clay v. SmithSupreme Court of the United States · 1830
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
26 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Ferris v. McNallyMontana Supreme Court · 1912
- Finch v. KentMontana Supreme Court · 1900
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- State v. FrancisMontana Supreme Court · 1920
13 more not listed; retrieve them via the Exa API.