Capital Lumber Co. v. Barth
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by tbe Capital Lumber Company against John C. Barth and Louisa Schwegler. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. If the defendant Schwegler is entitled to a new trial, can the court grant the motion as to her and refuse it as to the defendant Barth? We submit that it cannot.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by tbe Capital Lumber Company against John C. Barth and Louisa Schwegler. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. If the defendant Schwegler is entitled to a new trial, can the court grant the motion as to her and refuse it as to the defendant Barth? We submit that it cannot. In the absence of a statute authorizing a court to vacate a judgment as to one of the defendants in this case the power does not exist, as the judgment must be treated as an entirety. (Boehmer…
1Opinion of the CourtChief Justice Brantly
Appeals from a judgment in favor of plaintiff and from an order denying defendants’ motion for a new trial. The action was brought to recover the price of goods, wares, and merchandise alleged to have been sold to defendants by plaintiff, and also by another, whose claim plaintiff holds as assignee for value. The complaint is in the ordinary form for goods, wares, and merchandise sold and delivered.' The defendants answered separately putting in issue all the material allegations of the complaint. Upon a trial to a jury the court submitted the case for certain special findings and a general…
2Cases cited6 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Alderson v. MarshallMontana Supreme Court · 1888
- Hanson v. Buckner'sCourt of Appeals of Kentucky · 1836
- Fabian v. CollinsMontana Supreme Court · 1878
- Strand v. GriffithU.S. Circuit Court for the District of Minnesota · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- City of Butte v. MikosowitzMontana Supreme Court · 1909
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
20 more not listed; retrieve them via the Exa API.