State ex rel. Harmon v. Conrow
Montana Supreme Court
Appeal from District Court, Park County; Frank Henry, Judge. Action on the relation of Leo C. Harmon, receiver of the Stock Growers’ National Bank of Miles City, Mont., against John M. Conrow and others, upon a sheriff’s bond, for damages for a wrongful levy. From a judgment on a verdict directed for the defendants, plaintiff appeals. Statement of the facts by the justice delivering the opinion.
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Appeal from District Court, Park County; Frank Henry, Judge. Action on the relation of Leo C. Harmon, receiver of the Stock Growers’ National Bank of Miles City, Mont., against John M. Conrow and others, upon a sheriff’s bond, for damages for a wrongful levy. From a judgment on a verdict directed for the defendants, plaintiff appeals. Statement of the facts by the justice delivering the opinion. Action by plaintiff, as receiver of an insolvent national bank, upon a sheriff’s bond, for damages for the unlawful levy upon a frame building, alleged to be plaintiff’s property, situate upon a…
1Opinion of the CourtHunt, J.
The well established doctrine of practice under the former codes of this state was that on a motion for a non-suit everything the evidence tended to prove was assumed to be true on appeal to the supreme court. (Emerson v. Ditch Co., 18 Mont. 247, 44 Pac. 969.) To ascertain, therefore, whether there was a sale and delivery of the building, we must look into the evidence. The facts are as follows: On July 29, 1893, the Stock Growers’ National Bank of Miles City, Montana, became insolvent, and in the afternoon of that day closed its doors to business. As there were numerous persons who owed the…
2Cases cited4 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- Merchants' & Miners' National Bank v. BarnesMontana Supreme Court · 1896
- Tuttle v. Merchant's National BankMontana Supreme Court · 1896
3Cited by3 opinions
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Earl v. PavexMontana Supreme Court · 2013