Legal Opinion

Drew v. City of Butte

Montana Supreme Court

Decided November 11, 1911No. 3,022PublishedCited by 2 opinions

Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by William J. Drew and another against tbe City of Butte. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtJustice Holloway

This action was brought to recover damages for injuries to real property, occasioned by a change in the grade of a street. Plaintiffs recovered judgment, and the city appealed. The complaint alleges: “That the above-named defendant, the city of Butte, is a municipal corporation, organized and existing under the laws of the state of Montana.” The answer of the city “admits that it is and was a municipal corporation, as charged in the complaint.”

1. It is insisted that the complaint does not state a cause of action, in that it does not allege that the defendant was a [1] municipal corporation in…

2Cases cited6 opinions

  1. City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
  2. State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
  3. Billings Realty Co. v. Big Ditch Co.Montana Supreme Court · 1911
  4. Crockett v. Village of BarreSupreme Court of Vermont · 1894
  5. Clark v. Village of North MuskegonMichigan Supreme Court · 1891

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3Cited by2 opinions

  1. State ex rel. Rankin v. MartinMontana Supreme Court · 1923
  2. Nemitz v. ReckardsMontana Supreme Court · 1934

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