Mattock v. Goughnour
Montana Supreme Court
Appeal from Sixth Judicial District, Parle County. Action to recover for services. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Henry, J. While it is true that the appellate court acts with the greatest caution in reviewing the verdict of a jury for insufficiency of the evidence, yet its power to review and reverse that verdict is well settled, and one of the safeguards thrown around litigants.
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Appeal from Sixth Judicial District, Parle County. Action to recover for services. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Henry, J. While it is true that the appellate court acts with the greatest caution in reviewing the verdict of a jury for insufficiency of the evidence, yet its power to review and reverse that verdict is well settled, and one of the safeguards thrown around litigants. So great is the desire to refrain from interfering with the province of the jury that the rule is now almost universal that when there is a substantial conflict in the…
1Opinion of the CourtBlake, C. J.
The complaint contains two causes of action, and alleges that the plaintiff performed work and labor for the defendant between October 26, 1888, and April 10,1891, at the special instance and request of defendant, for the sum of $30 per month, which was the price agreed upon by the parties October 26, 1888, “so long as plaintiff should continue in defendant’s employ;” that “defendant has never been discharged from such services;” that “defendant has paid thereon the sum of $171 for the first five months and twenty-one days, and no more; and that all of said wages due, earned, and owing to…
2Cases cited8 opinions
- Hyatt v. AllenCalifornia Supreme Court · 1880
- Blankman v. VallejoCalifornia Supreme Court · 1860
- Baker v. Fireman's Fund InsuranceCalifornia Supreme Court · 1889
- Landsman v. ThompsonMontana Supreme Court · 1890
- Crook v. ForsythCalifornia Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- State v. WilletteMontana Supreme Court · 1912
- First State Bank v. LarsenMontana Supreme Court · 1922
7 more not listed; retrieve them via the Exa API.