Reser v. Ziebarth
Montana Supreme Court
Appeal from District Court, Blaine County; Franlc E. Carleton, Judge. Action by Everet Reser against A. "W. Ziebarth and another. Judgment for defendants, and plaintiff appeals. The expression of the opinion of an expert witness as to the value of services is never conclusive upon a court or jury.
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Appeal from District Court, Blaine County; Franlc E. Carleton, Judge. Action by Everet Reser against A. "W. Ziebarth and another. Judgment for defendants, and plaintiff appeals. The expression of the opinion of an expert witness as to the value of services is never conclusive upon a court or jury. (St. John v.! United States F. & G. Go., 56 Mont. 197, 182 Pac. 128; Head v. Hargrave, 105 U. S. 45, 26 L. Ed. 1028 [see, also, Rose’s U. S. Notes]; Moore v. Ellis, 89 Wis. 108, 61 N. W. 291; Baker v. Richmond City Mill Works, 105 Ga. 225, 31 S: E. 426; Chicago etc. Ry. Co. v. Whitney, 143 Iowa,…
1Opinion of the CourtJustice Cooper
This action was brought by the plaintiff in the court below to recover of defendant Ziebarth, as clerk of the district court of Blaine county, and of the Massachusetts Bonding & Insurance Company, as surety, damages resulting from the entry of an unauthorized judgment, and for legal services performed by one R. E. O’Keefe, acting as attorney for the plaintiff in procuring the annulment of the judgment, and defending actions growing out of such entry. The trial resulted in a verdict for the defendants below. Appeal is from the judgment.
*9The only error appellant complains o£ is the refusal of…
2Cases cited3 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Whalen v. HarrisonMontana Supreme Court · 1902
- St. John v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1919
3Cited by3 opinions
- Silfvast v. AsplundMontana Supreme Court · 1935
- State v. LeeMontana Supreme Court · 1936
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1924