Harrington v. Butte & Superior Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj John B. McClernan, Judge. Action by Thomas J. Harrington, administrator of the estate of George W. Newkirk, deceased, against the Butte & Superior Copper Company, Limited, a corporation, and others. From a judgment for defendants and an order denying new trial, plaintiff appeals.
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Appeal from District Court, Silver Bow Countyj John B. McClernan, Judge. Action by Thomas J. Harrington, administrator of the estate of George W. Newkirk, deceased, against the Butte & Superior Copper Company, Limited, a corporation, and others. From a judgment for defendants and an order denying new trial, plaintiff appeals. “A party having an interest in property subject to a lien has a right to redeem it from the lien at any time after the claim is due and before his right of redemption is foreclosed.” (See. 5723, Rev. Codes; Grogan v. Talley Trading Co., 30 Mont. 229, 76 Pac. 211.) “It is…
1Opinion of the CourtChief Justice Brantly
This action was originally brought by George W. Newkirk on September 12, 1912. Thereafter he died, and Thomas J. Harrington, his administrator, was substituted as plaintiff in his stead. The defendants, other than John R. Bordeaux and Butte & Superior Copper Company, Limited, are referred to in the pleadings as the heirs of George W. and Sarah J. Beal, husband and wife, both now deceased. What is the relationship of each to the other or to the deceased husband and wife is not important. For convenience, Newkirk will hereafter be referred to as plaintiff, and the Butte & Superior Copper…
2Cases cited14 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Riley v. BlackerMontana Supreme Court · 1915
- Gassert v. BogkMontana Supreme Court · 1888
- Watson v. EdwardsCalifornia Supreme Court · 1894
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3Cited by5 opinions
- Verwolf v. Low Line Irrigation Co.Montana Supreme Court · 1924
- Elling v. FineMontana Supreme Court · 1917
- In Re Day's EstateMontana Supreme Court · 1947
- Halko v. AndersonMontana Supreme Court · 1939
- Spokane Savings Bank v. GillisWashington Supreme Court · 1932