Yore v. Murphy
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade Comity. Defendant’s motion for a change of venue was denied by Benton, J. Statement of the case by the judge delivering the opinion. This appeal is from an order denying a motion for a change of venue made by the defendant. The complaint states two causes of action.
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Appeal from Eighth Judicial District, Cascade Comity. Defendant’s motion for a change of venue was denied by Benton, J. Statement of the case by the judge delivering the opinion. This appeal is from an order denying a motion for a change of venue made by the defendant. The complaint states two causes of action. The first is, that on June 20, 1890, in the county of Cascade, plaintiff was the owner and in possession of a band of sheep, describing them, and alleging their value; that at said time, and while plaintiff was such owner and in possession in said Cascade County, where she was keeping…
1Opinion of the CourtDe Witt, J.
Respondent contends that the last sentence of section 59 fixes the place of trial in Cascade County, and retains it therein, while appellant insists upon his right to the change.
It is necessary to determine whether the action is in contract or in tort. For, if in contract, it seems that the face of the *310contract must disclose that it was to be performed in the county in which the action was commenced, in order to lay and retain the venue in that county. But we need not decide that point, for we are of opinion that the action sounds in tort. In actions growing out of the taking or retaining of…
2Cases cited4 opinions
- Fong v. SternesCalifornia Supreme Court · 1889
- Sayward v. HoughtonCalifornia Supreme Court · 1890
- Williams v. KellerNevada Supreme Court · 1870
- Watkins v. DegenerCalifornia Supreme Court · 1883
3Cited by19 opinions
- Hardenburgh v. HardenburghMontana Supreme Court · 1944
- Fraser v. ClarkMontana Supreme Court · 1954
- State v. LandryMontana Supreme Court · 1903
- Bond v. HurdMontana Supreme Court · 1904
- Wallace v. OwsleyMontana Supreme Court · 1891
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