Butte Hardware Co. v. Sullivan
Montana Supreme Court
Appeal from District Court, Silver Bow County. The language of the chattel-mortgage statute should receive a reasonable, and not a strained, construction, and the intention of the legislature should prevail, if that intention is obvious from the law itself. This rule of construction has been laid down by the legislature. Code Civ.
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Appeal from District Court, Silver Bow County. The language of the chattel-mortgage statute should receive a reasonable, and not a strained, construction, and the intention of the legislature should prevail, if that intention is obvious from the law itself. This rule of construction has been laid down by the legislature. Code Civ. Proc., sec. 613. The word “parties” which is used in the law may mean one or many persons, and this is the definition given by Bouvier of parties to deeds and other legal instruments. If we therefore consider the mortgagors as one party, and the mortgagees as the…
1Opinion of the CourtMcLeary, J.
The only question involved in this ease is the validity of a certain chattel mortgage executed by James Maxwell and William G. Price to William L. Hoge, M. B. Brownlee, F. E. Sargeant, R. C. Chambers, and Marcus Daly, upon certain property which was after-wards attached at the suit of the plaintiff, the Butte Hardware Company, and sold by the sheriff under the provisions of the chattel mortgage. The court below held the mortgage void as to the plaintiff in this case, on account of defects in the affidavit attached thereto. The affidavit reads as follows: —
“ Territory of Montana, County of…
2Cases cited1 opinion
- Gassner v. PattersonCalifornia Supreme Court · 1863
3Cited by9 opinions
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Schauer v. MorganMontana Supreme Court · 1923
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Sparks v. StateCourt of Criminal Appeals of Texas · 1915
- Milburn Manufacturing Co. v. JohnsonMontana Supreme Court · 1890
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