Boley v. Griswold
Supreme Court of the United States
Error to the Supreme Court of the Territory of Montana. The Civil Practice Act of the Territory of Montana thus enacts: “In an action to recover possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in cas.o a delivery cannot bo had, and damages for the .detention of them/’ This act being in force, Griswold sued Boley in one of the District Courts of -Montana for the recovery of the possession of certain cattle.
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Error to the Supreme Court of the Territory of Montana. The Civil Practice Act of the Territory of Montana thus enacts: “In an action to recover possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in cas.o a delivery cannot bo had, and damages for the .detention of them/’ This act being in force, Griswold sued Boley in one of the District Courts of -Montana for the recovery of the possession of certain cattle. The jury found as follows: “For the return of.the cattle to the plaintiff, apd in case a return of the same could not be had,…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion óf the court.
It is true.that' under the Civil Practice Act of Montana there can be no judgment for the value if there can be a delivery of the property-, but it is'not true that a judgment is necessarily erroneous if'the alternative is not expressed upon its face. The court must be satisfied that the delivery cannot be made before it can adjudge absolutely the payment of money.' But, if so satisfied, it may so adjudge. A special- finding to that ' effect is not' necessary. An absolute judgment for the money is equivalent to such a finding.
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