Empire State Mining Co. v. Mitchell
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Frank IS. Woody, Judge. Action- by the Empire state Mining Company against Mary E. Mitchell, executrix of Armistead II. Mitchell, deceased. Judgment for defendant. Plaintiff appeals. The authority of an attorney to make an affidavit for bis client is presumed, and neither offer nor proof of authority is necessary.
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Appeal from District Court, Deer Lodge County; Frank IS. Woody, Judge. Action- by the Empire state Mining Company against Mary E. Mitchell, executrix of Armistead II. Mitchell, deceased. Judgment for defendant. Plaintiff appeals. The authority of an attorney to make an affidavit for bis client is presumed, and neither offer nor proof of authority is necessary. (Miller v. Adams, 52 N. T. 4-09.) An affidavit which shows that the party making it is the agent, of the plaintiff is presumptively made in behalf of the plaintiff. (Smith v. Yiciorin, 56 N. W. 4Y; Seising Machine Go. v. Betting, 53 Mo.…
1Opinion of the Court
MIL COMMISSIONED POOPMAN
prepared the opinion for the court.
This is an action for damages alleged to have been caused by the decedent, A. H. Mitchell, in wrongfully and forcibly taking from, the possession of plaintiff one quartz mill. Plaintiff filed a claim with the executrix, which was disallowed, a copy of which claim was attached to plaintiff’s complaint as a part thereof. Defendant filed a, general demurrer to the complaint, which Avas sustained, and', plaintiff refusing to amend his complaint, judgment Avas entered for the defendant for costs. Erom this judgment the plaintiff appeals.
The…
2Cases cited9 opinions
- In re Estate of SwainCalifornia Supreme Court · 1885
- Landis v. WoodmanCalifornia Supreme Court · 1899
- Warren v. McGillCalifornia Supreme Court · 1894
- Davis v. BrowningCalifornia Supreme Court · 1891
- Griffith v. LewinCalifornia Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ullman Co. v. AdlerMontana Supreme Court · 1921
- Westinghouse Electric & Mfg. Co. v. RobisonSupreme Court of Oklahoma · 1914
- Gilmore v. GilmoreDistrict Court, D. Montana · 1921
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887