Palmer v. McMaster
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County; The cause was tried before Dubeee, J. Plaintiff had judgment below. If defendant could not prove a justification under the executions, on account of a want of judgments on which they were-issued, he should have been permitted to amend his answer in. order to justify under the writs of attachment. This court in this case (8 Mont. 186), has decided that the said judgments were invalid.
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Appeal from, Third Judicial District, Deer Lodge County; The cause was tried before Dubeee, J. Plaintiff had judgment below. If defendant could not prove a justification under the executions, on account of a want of judgments on which they were-issued, he should have been permitted to amend his answer in. order to justify under the writs of attachment. This court in this case (8 Mont. 186), has decided that the said judgments were invalid. Such being the case, and without the production of the judgments, the court refused to admit in evidence the executions, so that the defense failed as to…
1Opinion of the CourtBlake, C. J.
This is the second appeal which has been before the court. The facts which are recited in the reports (8 Mont. 186) will not be repeated in this opinion. At the *394trial the jury returned a verdict for the sum of $2,068, and judgment was entered for the respondent for this amount. The motion of the appellant for a new trial was overruled.
We have deliberated upon all the questions which have been presented for adjustment, and arrived at the conclusion that the instructions were conflicting and misleading. As there must be a new trial of the case, we will review all the questions which must be…
2Cases cited8 opinions
- Chamberlin v. VanceCalifornia Supreme Court · 1875
- Palmer v. McMasterMontana Supreme Court · 1888
- Schroeder v. SchmidtCalifornia Supreme Court · 1887
- Ross v. PhilbrickSupreme Judicial Court of Maine · 1854
- Ford v. McMasterMontana Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. MillerMontana Supreme Court · 1988
- Gallick v. BordeauxMontana Supreme Court · 1904
- Wray v. Great Falls Paper Co.Montana Supreme Court · 1925
- Vogel v. Fetter Livestock CompanyMontana Supreme Court · 1964
- Juby v. CraddockMontana Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.