Legal Opinion

Sprinkle v. Anderson

Montana Supreme Court

Decided February 9, 1920No. 4,080PublishedCited by 7 opinions

Appeal from, District Court, Blaine County; W. B. Rhoades, Judge. Action by James L. Sprinkle against Moses Anderson. From judgment of nonsuit, plaintiff appeals. This court has in a number of instances construed the provisions of section 7269, Revised Codes, but the case of Spellman v. Rhode, 33 Mont. 21, 81 Pac. 395, is the only ease wherein a question was discussed applicable to the matters under consideration in the case at bar.

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Appeal from, District Court, Blaine County; W. B. Rhoades, Judge. Action by James L. Sprinkle against Moses Anderson. From judgment of nonsuit, plaintiff appeals. This court has in a number of instances construed the provisions of section 7269, Revised Codes, but the case of Spellman v. Rhode, 33 Mont. 21, 81 Pac. 395, is the only ease wherein a question was discussed applicable to the matters under consideration in the case at bar. In this case the court considered a complaint containing the allegation that “the defendant forcibly and without right entered thereon and by force and arms…

1Opinion of the CourtJustice Hurly

Action in forcible entry. Plaintiff’s testimony was to the effect that he was in possession of certain premises, using the land for farming purposes, certain of his employees occupying the dwelling-house thereon up to about the 6th or 7th of June, 1916, when they left the premises to work elsewhere for plaintiff, leaving the house securely locked, nailing shut the windows, locking and nailing shut the front door, and fastening the kitchen door with a padlock, the keys remaining with plaintiff’s employees. The defendant, sworn in behalf of plaintiff, testified that he went upon the premises…

2Cases cited5 opinions

  1. Morelli v. Twohy Bros.Montana Supreme Court · 1918
  2. Wilson v. CampbellSupreme Court of Kansas · 1907
  3. Winchester v. BeckerCalifornia Court of Appeal · 1906
  4. Gray v. CollinsCalifornia Supreme Court · 1871
  5. Ryan v. DoughertyCalifornia Supreme Court · 1869

3Cited by7 opinions

  1. Buchanan v. CritesUtah Supreme Court · 1944
  2. Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
  3. Flynn v. Poindexter & Orr Livestock Co.Montana Supreme Court · 1922
  4. McGonigle v. Prudential Insurance Co. of AmericaMontana Supreme Court · 1935
  5. Herzog v. the Texas CompanyMontana Supreme Court · 1930

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