Legal Opinion

Spellman v. Rhode

Montana Supreme Court

Decided July 11, 1905No. 2,020PublishedCited by 18 opinions

Appeal from, District Court, Dawson County; C. H. Loud, , Judge. Action by Thomas Spellman against George L. Rhode. From a judgment for plaintiff and an order denying defendant a new trial, he appeals.

1Opinion of the CourtChief Justice Brantly

Aetion to obtain a judgment for the restitution of the possession of the south half of the southwest quarter and the northeast quarter of the southwest quarter of section 30, township 24 north, of range 60 east, situate in Dawson county, and for damages for a forcible entry thereon by the defendant. The plaintiff had verdict and judgment. The defendant has appealed from the judgment and an order denying a new trial.

*23Contention is made that the complaint does not state a cause of action. It certainly is not a model, for it contains many allegations which are inconsistent with the purpose…

2Cases cited2 opinions

  1. Ayotte v. NadeauMontana Supreme Court · 1905
  2. Sheehy v. FlahertyMontana Supreme Court · 1889

3Cited by18 opinions

  1. Frederick v. HaleMontana Supreme Court · 1910
  2. Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909
  3. Friedrichsen v. CobbMontana Supreme Court · 1929
  4. McCrimmon v. MurrayMontana Supreme Court · 1911
  5. Kootenai Corp. v. DaytonMontana Supreme Court · 1979

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