Legal Opinion

Kipp v. Burton

Montana Supreme Court

Decided November 4, 1903No. 1,653PublishedCited by 9 opinions

Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by Henry Kip]> against Ruth A. Burton and others. Judgment in favor of plaintiff. Prom an order of the court authorizing and directing the cleric to attach the seal of the court to the writ of execution theretofore issued, defendants appeal.

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Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by Henry Kip]> against Ruth A. Burton and others. Judgment in favor of plaintiff. Prom an order of the court authorizing and directing the cleric to attach the seal of the court to the writ of execution theretofore issued, defendants appeal. Citing: Banegas v. Braclcett, 99 Gal. 623, 34 Pac. 344; Egan v. Egan, 90 Cal. 15-27, 27 Pac. 22; Kaufman v. Sham,, 111 Cal. 16, 43 Pac. 393-394; 15 Ency. of PL & Pr. 344, and note 2; Power v. Lenoir, 22 Mont. 169, 182; Stansifer v. Kil-bourne (Cal.), 29 Pac. 232, 235; Choate v.…

1Opinion of the Court

ME. OOMMISSIONEE POOEMAN

perepared the opinion for the court.

In this action plaintiff obtained judgment against defendant Burton for the sum of $864.15 and costs, on April 9, 1896, Thereafter, on April 16, 1896, a writ of execution was issued on said judgment, which writ was correct in all respects so far as the questions here .presented are concerned, except that the seal of the court was not placed thereon. C)n May 11, 1896, the sheriff returned the writ with the indorsement that he had made the amount thereof by selling certain real estate of the defendant. On December 22, 1900, the…

2Cases cited34 opinions

  1. Tilton v. CofieldSupreme Court of the United States · 1876
  2. Duncan v. GeganSupreme Court of the United States · 1880
  3. Wright v. . NostrandNew York Court of Appeals · 1883
  4. Pomeroy's Lessee v. State Bank of Ind.Supreme Court of the United States · 1863
  5. Hunt v. LoucksCalifornia Supreme Court · 1869

29 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re FarrellMontana Supreme Court · 1907
  2. Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
  3. Atkinson v. Roosevelt CountyMontana Supreme Court · 1924
  4. Burton v. KippMontana Supreme Court · 1904
  5. Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941

4 more not listed; retrieve them via the Exa API.

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