Nolan v. Lovelock
Montana Supreme Court
Appeal from the Third District, Meagher Qounty. In April, 1870, Nolan commenced this action against Lovelock, J. R. Weston and J. A. Harding, in the district court in Meagher county. The defendants demurred to the complaint, because there was a defect and misjoinder of parties defendant; the complaint did not state facts sufficient to constitute a cause of action, and the complaint was ambiguous. The demurrer was overruled by the court, Symes, J., and defendants excepted.
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Appeal from the Third District, Meagher Qounty. In April, 1870, Nolan commenced this action against Lovelock, J. R. Weston and J. A. Harding, in the district court in Meagher county. The defendants demurred to the complaint, because there was a defect and misjoinder of parties defendant; the complaint did not state facts sufficient to constitute a cause of action, and the complaint was ambiguous. The demurrer was overruled by the court, Symes, J., and defendants excepted. The cause was tried in May, 1870, by the court, Symes, J. It appeared from the evidence that the defendants owned mining…
1Opinion of the CourtKnowles, J.
This is an action to foreclose a lien upon certain mining ground owned by appellants, for work and *227labor done thereon. The respondent, in the court below, obtained judgment against the appellants for $554.90, and a decree for the sale of this mining ground — upon which a portion of the work had been performed — to satisfy $445.90 of this amount. The appellants, in the court below, moved for a new trial, which was denied. Prom this judgment they appealed to this court, assigning as error the points which will now be considered.
The evidence shows that the appellants owned certain mining ground…
2Cases cited2 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Dougherty v. CrearyCalifornia Supreme Court · 1866
3Cited by11 opinions
- Rae v. CameronMontana Supreme Court · 1941
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Eskestrand v. WunderMontana Supreme Court · 1933
- Hartney v. GoslingWyoming Supreme Court · 1902
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
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