Drew v. City of Butte
Montana Supreme Court
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
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- Billings Realty Co. v. Big Ditch Co.Montana Supreme Court · 1911
- Crockett v. Village of BarreSupreme Court of Vermont · 1894
- Clark v. Village of North MuskegonMichigan Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. Rankin v. MartinMontana Supreme Court · 1923
- Nemitz v. ReckardsMontana Supreme Court · 1934