City of Helena v. Brule
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Action on injunction bond. Plaintiff had judgment below on default.
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Appeal from First Judicial District, Lewis and Clarke County. Action on injunction bond. Plaintiff had judgment below on default. Defendants’ motion to set aside the judgment was denied by Buck, J. Statement of the case by the justice delivering the opinion: The plaintiffj by its complaint filed in the district court, pleads that it is a municipal corporation; that on February 8, 1892, in an action brought by Richard Lockey, against J. B. Walker, as city treasurer of the city of Helena, an injunction duly issued out of the district court was served on said Walker, restraining him from selling…
1Opinion of the CourtHunt, J.
— We are of opinion that the affidavit to set aside the default and judgment is wholly insufficient. The rest of the appeal being from the judgment only, we are confined in our examination to the question of whether the complaint states a cause of action, and supports the judgment. (Foster v. Wilson, 5 Mont. 53; Haggin v. Lorenz, ante, p. 309.) We think it does. It sets forth the corporate existence of the city of Helena, pleads the nature of the action brought by Lockey against Walker as treasurer,°the injunction issued therein, the giving of the legal undertaking, and the decision in that…
2Cases cited6 opinions
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Creek v. McManusMontana Supreme Court · 1893
- Territory of Montana v. RobertsMontana Supreme Court · 1889
- Foster v. WilsonMontana Supreme Court · 1883
- Territory of Montana v. StantonMontana Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Bowen v. WebbMontana Supreme Court · 1906
- Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- Scilley v. BabcockMontana Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.