Kalispell Liquor & Tobacco Co. v. McGovern
Montana Supreme Court
Appeal from, District Court, Flathead County; D. F. Smith, Judge. Action by the Kalispell Liquor and Tobacco Company against Thomas McGovern and Joseph Kipp. From a judgment in favor of plaintiff and from an order denying him a new trial, defendant Kipp appeals. A nonsuit will not be granted where the evidence is conflicting or leaves a question material to the case in doubt. (Simpson v. Applegate, 67 Cal. 471, 8 Pac. 39; Pacific Mutual Life Ins.
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Appeal from, District Court, Flathead County; D. F. Smith, Judge. Action by the Kalispell Liquor and Tobacco Company against Thomas McGovern and Joseph Kipp. From a judgment in favor of plaintiff and from an order denying him a new trial, defendant Kipp appeals. A nonsuit will not be granted where the evidence is conflicting or leaves a question material to the case in doubt. (Simpson v. Applegate, 67 Cal. 471, 8 Pac. 39; Pacific Mutual Life Ins. Go. v. Fisher, 109 Cal. 566, 42 Pac. 154; Frank v. Atlanta etc. Co., 72 Ga. 341; Lingenfelter v. Louisville By. Go. (Ky.), 4 S. W. 185; Fellows v.…
1Opinion of the CourtJustice Holloway
This action was commenced in the justice of the peace court, where service of summons was had upon the defendant Kipp, but not upon the defendant McGovern. The complaint states a cause of action for $91.42 for goods, wares and merchandise sold by the plaintiff to the defendants. The defendant Kipp made answer denying generally the allegations contained in the complaint, and, as a further defense, set forth the fact that he is an Indian, resides on an Indian Reservation, has never severed his tribal relations, and that the goods sold by the plaintiff consisted of vinous and spirituous liquors.…
2Cases cited6 opinions
- Wortman v. Montana Central Railway Co.Montana Supreme Court · 1899
- Johnson v. MossCalifornia Supreme Court · 1873
- Nyhart v. PenningtonMontana Supreme Court · 1897
- Southmayd v. SouthmaydMontana Supreme Court · 1881
- McCormick v. JohnsonMontana Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. George v. BoucherMontana Supreme Court · 1929
- Chealey v. PurdyMontana Supreme Court · 1918
- El Reno Wholesale Grocery Co. v. KeenSupreme Court of Oklahoma · 1923
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
- Bennett v. DodgsonMontana Supreme Court · 1955
6 more not listed; retrieve them via the Exa API.