Smith v. Caldwell
Montana Supreme Court
Appeal from District Court, Gallatin County; Frank Henry, Judge. Action by Fred W. Smith against White Caldwell. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Statement of the case by the Justice delivering the opinion. Action for damages for a conversion of personal property.
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Appeal from District Court, Gallatin County; Frank Henry, Judge. Action by Fred W. Smith against White Caldwell. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Statement of the case by the Justice delivering the opinion. Action for damages for a conversion of personal property. On May 7, 1895, one Horace T. Kelly was the owner of certain mares (four in number); of an undivided two-thirds interest in growing crops of barley, wheat and oats upon sections 24, 25, 26 and 36, all in township 3 S. of range 4 E., amounting to about 200 acres; and of an…
1Opinion of the CourtBrantly, C. J.
1. Appellant earnestly contends that the evidence is not sufficient to sustain the verdict, and that the court below should have granted a new trial on this ground. As the case must be reversed and a new trial ordered on other grounds, we shall not review the evidence. Upon another trial it may present different aspects, and any suggestion by us in this regard might tend to prejudice the rights of the parties.
2. The defendant in his answer alleges that, from the date of the seizure of the property in controversy until the sale thereof under the execution to satisfy the judgment in the cause…
2Cases cited14 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Hebbard v. . HaughianNew York Court of Appeals · 1877
- DeWolf v. StraderIllinois Supreme Court · 1861
- Todd v. MunsonSupreme Court of Connecticut · 1886
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3Cited by6 opinions
- Collette v. SarrasinCalifornia Supreme Court · 1920
- State ex rel. Broadwater Farms Co. v. Broadwater Elevator Co.Montana Supreme Court · 1921
- Moore v. MooreSupreme Court of Kansas · 1915
- Garrett v. City of ButteMontana Supreme Court · 1923
- Mackel v. BartlettMontana Supreme Court · 1905
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