Dolenty v. Rocky Mountain Bell Telephone Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by W. B. Dolenty against the Rocky Mountain Bell "Telephone Company. Judgment for defendant, and plaintiff appeals from it and an order denying a new trial. It is conceded that an obligation cannot be garnished until :it has accrued; the profits to arise under a contract hot yet performed are not subject to garnishment.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by W. B. Dolenty against the Rocky Mountain Bell "Telephone Company. Judgment for defendant, and plaintiff appeals from it and an order denying a new trial. It is conceded that an obligation cannot be garnished until :it has accrued; the profits to arise under a contract hot yet performed are not subject to garnishment. But when the contract is completed, when everything required to be done to ■ entitle the obligee to his money has been done, but by agree■ment the payment is simply deferred, the amount owing is…
1Opinion of the CourtJustice Holloway
On June 14, 1905, this plaintiff commenced an action in the district court of Park county against the Yellowstone Park Telephone and Telegraph Company (hereinafter referred to as the Park Company), and Frank A. Hall, to recover $4,982, with attorney’s fees and costs, on a contract for the direct payment of money. A writ of attachment was issued, and on June 26 served upon the Eocky Mountain Bell Telephone Company (hereafter referred to as the Bell Company), as garnishee. Such further proceedings were had in the action that on February 8, 1906, a judgment in favor of plaintiff and *109against the…
2Cases cited7 opinions
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Downer v. TopliffSupreme Court of Vermont · 1847
- Cutter v. PerkinsSupreme Judicial Court of Maine · 1859
- Webster Wagon Co. v. Home InsuranceWest Virginia Supreme Court · 1885
- Kling v. TunstallSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Dolenty v. District CourtMontana Supreme Court · 1910
- Woodward v. PerkinsMontana Supreme Court · 1946
- Coty v. CogswellMontana Supreme Court · 1935
- United Collieries, Inc. v. MartinCourt of Appeals of Kentucky (pre-1976) · 1933
- State ex rel. Dolenty v. ReeceMontana Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.