Lockey v. Horsky
Montana Supreme Court
Appeal from, Third District, Lewis and Clarke County - 1. The answer of defendant is ambiguous and uncertain in the particulars specified in plaintiff’s demurrer thereto, and the demurrer should have been sustained. 2. The court erred in sustaining defendant’s motion for a non-suit as to the first cause of action set up in plaintiff’s complaint. 3. The court erred in permitting the defendant to read in evidence his deed to lot No. 15, in block No. 37. No part of said lot was…
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Appeal from, Third District, Lewis and Clarke County - 1. The answer of defendant is ambiguous and uncertain in the particulars specified in plaintiff’s demurrer thereto, and the demurrer should have been sustained. 2. The court erred in sustaining defendant’s motion for a non-suit as to the first cause of action set up in plaintiff’s complaint. 3. The court erred in permitting the defendant to read in evidence his deed to lot No. 15, in block No. 37. No part of said lot was in controversy, and defendant might as well have read in evidence a deed to any other lot in said block 37, or, for…
1Opinion of the CourtConger, J.
This is an appeal from the judgment of the court of the third judicial district, county of Lewis and Clarke.
The cause was tried by the court, a jury having been waived, and was for the possession of a certain piece or parcel of ground situate in the town of Helena, and described as ten feet front on Main street by one hundred and twenty-two feet deep, off the northerly side of lot No. 14, in block No. 37, of the town site of Helena, and for •damages for withholding possession.
Upon the trial of the cause, the court found special findings of fact as follows, to wit: First. That this cause was…
2Cases cited4 opinions
- Kimball v. LohmasCalifornia Supreme Court · 1866
- Kile v. TubbsCalifornia Supreme Court · 1863
- Grimm v. CurleyCalifornia Supreme Court · 1872
- Garrison v. McGlockleyCalifornia Supreme Court · 1869
3Cited by2 opinions
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- Beatty v. Murray Placer Mining Co.Montana Supreme Court · 1895