Legal Opinion

Newton v. City of Roundup

Montana Supreme Court

Decided May 9, 1921No. 4,363PublishedCited by 6 opinions

Appeals from District Court, Musselshell County; Charles L. Crum, Judge. Action by J. W. Newton against the City of Roundup. From a judgment for plaintiff, and .from an order overruling its motion for a new trial, defendant appeals. The complaint is insufficient.

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Appeals from District Court, Musselshell County; Charles L. Crum, Judge. Action by J. W. Newton against the City of Roundup. From a judgment for plaintiff, and .from an order overruling its motion for a new trial, defendant appeals. The complaint is insufficient. Sections 3882 and 3283, Revised Codes, provide in substance that all claims against the city (and particularly those where the amount and character of the claim may be ascertained with reasonable certainty) should be itemized and verified and presented to the city council, and the council given an opportunity to pass on the claim,…

1Opinion of the Court

MR. COMMISSIONER JACKSON

prepared the opinion for the court.

[1] In this case J. W. Newton brought his action against the city of Roundup, alleging in substance as follows: That he owned certain lands in the county of Musselshell, through which lands flows the Musselshell River; that he had improved the west portion of the said lands by erecting a dwelling, slaughter-house, houses for domestic animals, fencing some of the land hog-tight, dug a well, had purchased machinery for the purpose of running an artificial ice plant and fish-pond, and had begun the erection of an ice-house thereon; that…

Also in this document: Per curiam.

2Cases cited9 opinions

  1. Kelley v. John R. Daily Co.Montana Supreme Court · 1919
  2. Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  3. Hamilton v. HamiltonMontana Supreme Court · 1916
  4. Pierce v. WagnerSupreme Court of Minnesota · 1882
  5. Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909

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3Cited by6 opinions

  1. Kinnischtzke v. City of Glen UllinNorth Dakota Supreme Court · 1953
  2. Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
  3. French v. Ralph E. Moore, Inc.Montana Supreme Court · 1983
  4. Purcell v. DavisMontana Supreme Court · 1935
  5. Wall v. LittleSupreme Court of Florida · 1931

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