Doyle v. Gore
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for the assault and battery. Judgment was rendered for the plaintiff by Benton, J. The exhibit admitted in evidence contains none of the elements of a judgment-roll, and objection to its admission was improperly overruled.
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Appeal from Eighth Judicial District, Cascade County. Action for the assault and battery. Judgment was rendered for the plaintiff by Benton, J. The exhibit admitted in evidence contains none of the elements of a judgment-roll, and objection to its admission was improperly overruled. It was offered as a judgment-roll and contained no judgment; Moreover, it being a judgment of an inferior court of limited jurisdiction, the jurisdiction of such court will not be assumed (Deer Lodge County v. At, 3 Mont. 170; Territory v. Hildebrand, 2 Mont. 426); and in the case at bar there was no attempt at…
1Opinion of the CourtPembebton, C. J.
— This is an action by plaintiff to recover damages claimed to have been sustained by him on account of an assault and battery alleged to have been committed by defendant upon plaintiff.
The case was tried with a jury, and a verdict rendered in favor of plaintiff for five hundred dollars. Judgment was entered thereon for said amount. Erom this judgment, and an order of the court denying a new trial, the defendant appeals.
It appears that, after the commission of the alleged assault and battery, the defendant was arrested therefor, and tried and convicted before a justice of the peace. In the…
2Cited by4 opinions
- State v. VuckovichMontana Supreme Court · 1921
- Chadima v. KovarSupreme Court of Iowa · 1915
- Meyers v. DillonOregon Supreme Court · 1901
- Thompson v. United StatesCourt of Appeals for the Ninth Circuit · 1935