Legal Opinion

Peterson v. City of Butte

Montana Supreme Court

Decided November 20, 1911No. 3,037PublishedCited by 10 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John Peterson against tbe city of Butte. From a judgment rendered against him on the pleadings, plaintiff appeals. The plea of a former action pending will not be sustained where it appears that the prior action has been dismissed.

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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by John Peterson against tbe city of Butte. From a judgment rendered against him on the pleadings, plaintiff appeals. The plea of a former action pending will not be sustained where it appears that the prior action has been dismissed. The courts are unanimous in holding that where the dismissal takes place before the commencement of the second action, the plea of former action pending cannot be sustained. (1 Cyc. 24, and cases cited; 1 Ency. of PI. & Pr. 755, and cases cited.) And by the great weight of authority…

1Opinion of the CourtChief Justice Brantly

This is an appeal by plaintiff from a judgment rendered against him on the pleadings, in an action brought by him to recover damages alleged to have been caused to his property by a change by the defendant in the grade of its streets upon which the property abuts. The pleadings are somewhat voluminous. We shall not undertake to give a synopsis of them. The following statement of facts gathered from them is sufficient to present the question submitted for decision: Plaintiff’s property consists of a lot situate on the northwest comer of West Caledonia and Jackson streets, within the corporate…

2Cases cited3 opinions

  1. Moore v. HopkinsCalifornia Supreme Court · 1890
  2. Dyer v. ScalmaniniCalifornia Supreme Court · 1886
  3. Evans v. JohnstonCalifornia Supreme Court · 1896

3Cited by10 opinions

  1. Rozan v. RosenMontana Supreme Court · 1967
  2. Reickhoff v. Consolidated Gas Co.Montana Supreme Court · 1950
  3. Walker v. VandiverTennessee Supreme Court · 1915
  4. McCormick v. ShieldsMontana Supreme Court · 1922
  5. Murray v. City of ButteMontana Supreme Court · 1915

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