Carrhart v. Montana Mineral Land & Mining Co.
Montana Supreme Court
Appeal from the Second District, Beaverhead County. This action was tried by Knowles, J. The facts are stated in the opinion. The fourth ground of the demurrer to the amended complaint was as follows : “Complaint shows that there is an administrator of the estate of Greorge Carrhart, and defendants demur to misjoinder of parties, on the ground that the action should be prosecuted in the name of the administrator alone.”
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Appeal from the Second District, Beaverhead County. This action was tried by Knowles, J. The facts are stated in the opinion. The fourth ground of the demurrer to the amended complaint was as follows : “Complaint shows that there is an administrator of the estate of Greorge Carrhart, and defendants demur to misjoinder of parties, on the ground that the action should be prosecuted in the name of the administrator alone.” The arguments of counsel upon questions that are not decided by the court are not reported. The complaint does not state facts sufficient to constitute a cause of action. The…
1Opinion of the CourtSymes, J.
This was an action brought by plaintiff as administrator against the defendant, in the nature of ejectment, for the possession of a claim on a quartz lode and damages for detention. The complaint was first filed in the name of the administrator alone; an amendment was allowed on motion of plaintiff, making several persons, alleged heirs at law, parties, an amended answer and replication filed, and then, on the trial, on motion of defendant, some of the heirs, who had been made, parties by amendment, were stricken from the record, and, on motion of plaintiff, the other alleged heirs were…
2Cases cited2 opinions
- Aubuchon v. LorySupreme Court of Missouri · 1856
- Burdyne v. MackeySupreme Court of Missouri · 1842
3Cited by2 opinions
- Black v. StoryMontana Supreme Court · 1887
- Hull v. North Valley HospitalMontana Supreme Court · 1972