Glass v. Basin & Bay State Mining Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by James Glass and another against the Basin & Bay State Mining Company. Judgment for defendant. Plaintiffs appeal. It appears from the copy of the judgment set up in the answer, and which is necessarily a part of the judgment-roll, and which is admitted by the replication, that said judgment was rendered upon the pleadings.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by James Glass and another against the Basin & Bay State Mining Company. Judgment for defendant. Plaintiffs appeal. It appears from the copy of the judgment set up in the answer, and which is necessarily a part of the judgment-roll, and which is admitted by the replication, that said judgment was rendered upon the pleadings. We therefore contend that under the provisions of our statute it appears from said judgment that it was rendered upon the merits. Section 1004 of the Code of Civil Procedure provides the…
1Opinion of the CourtChief Justice Brantly
Action for money had and received. The complaint is in the ordinary form, alleging that the defendant, a corporation organized under the laws of Montana, is indebted to the plaintiffs in the sum of $140,000 for money had and received for the use and benefit of plaintiffs. Judgment is demanded for that amount and costs.
The answer presents six separate defenses. The first is a denial of all' allegations contained in the complaint. The second, third, fourth and fifth allege, respectively, that the cause of action is barred by the provisions of subdivision 1 of section 514 of the Code of Civil…
2Cases cited4 opinions
- United States v. ParkerSupreme Court of the United States · 1887
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Power v. GumMontana Supreme Court · 1886
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
3Cited by10 opinions
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Colusa Parrot Mining & Smelting Co. v. MonahanCourt of Appeals for the Ninth Circuit · 1908
- Hollister v. ForsytheMontana Supreme Court · 1995
- Pullen v. City of ButteMontana Supreme Court · 1912
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.