Holter Lumber Co. v. Fireman's Fund Insurance
Montana Supreme Court
Appeal from the Eighth Judicial District, Cascade County. Action on a fire insurance policy, Defendant’s motion for a nonsuit was granted by Benton, J. This is an action on a contract of fire insurance.
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Appeal from the Eighth Judicial District, Cascade County. Action on a fire insurance policy, Defendant’s motion for a nonsuit was granted by Benton, J. This is an action on a contract of fire insurance. It is al-eged that about April 1, 1892, the defendant, by Phillip Gibson, its agent, solicited of J. H. Russell, the owner of the premises, insurance upon a one-story frame building and additions thereto, to be situated on lots 5, 6, and 7, block 24, of the Boston & Great Falls Addition to Great Falls; that Russell notified defendant that he would have said building insured as soon as it was…
1Opinion of the CourtHunt, J.
—The appeal in this case is ‘ ‘ from the order of nonsuit and judgment for costs.” Respondent contends that an order for nonsuit is not appealable. But it is laid down in Leese v. Sherwood, 21 Cal. 152, that a dismissal of an action is in effect a final judgment in favor of the defendant. “It is a final decision of the action as against all claim made by it, although it may not be a final determination of the rights of the parties as they may be presented in some other action. ’ ’ See, also, Zoller v. McDonald, 23 Cal. 136, and McLeran v. McNamara, 55 Cal. 508. Hayne on New Trial and Appeal,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Zoller v. McDonaldCalifornia Supreme Court · 1863
- Woods v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1872
- McLeran v. McNamaraCalifornia Supreme Court · 1880
- Soyer v. Great Falls Water Co.Montana Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Park Saddle Horse Co. v. Royal Indemnity Co.Montana Supreme Court · 1927
- State ex rel. Montana Central Railway Co. v. District CourtMontana Supreme Court · 1905
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
13 more not listed; retrieve them via the Exa API.