Palmer v. Murray
Montana Supreme Court
Appeal from the Second Judicial District, Deer Lodge County. The opinion was delivered on a rehearing of Palmer v, Murray, ante, page 174. It is claimed that the case of Pandall v. Qreenhood, 3 Mont. 506, is conclusive. That was a case in replevin, and so far as the present appeal is concerned, the rule of damages is the same in replevin as in trover.
Read the full summary
Appeal from the Second Judicial District, Deer Lodge County. The opinion was delivered on a rehearing of Palmer v, Murray, ante, page 174. It is claimed that the case of Pandall v. Qreenhood, 3 Mont. 506, is conclusive. That was a case in replevin, and so far as the present appeal is concerned, the rule of damages is the same in replevin as in trover. In that case the opinion of the court as to interest is as follows: -“The claims and demands upon which interest is allowed depend entirely upon the statute. This claim or demand of respondent against appellants is not of the kind upon which…
1DissentMcConnell, C. J.
('dissenting). — Cause decided at last term and opinion reported ante, page 174. Motion for rehearing granted, upon the ground that the court erred in disallowing interest on the value of the property taken and converted from the time of such conversion to the date of judgment. The part of the opinion objected to is as follows, to wit: —
“ The verdict of the jury allowed the plaintiff $1,785, with legal interest thereon from the date of the seizure, which is fixed in the judgment as the 4th of May, 1884; and by computation the amount is stated in the judgment appealed from to be $2,151, for…
2Cases cited6 opinions
- Isaacs v. McAndrewMontana Supreme Court · 1872
- Wilson v. DavisMontana Supreme Court · 1870
- Bohm v. DunphyMontana Supreme Court · 1871
- Freezer v. SweeneyMontana Supreme Court · 1889
- Randall v. GreenhoodMontana Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.