United States National Bank v. Great Western Sugar Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by the United States National Bank of Eed Lodge against the Great Western Sugar Company. Judgment for plaintiff, and defendant appeals. “Agreed statements of fact are solemn admissions, resembling special verdicts, and (as with the latter) the meaning of the language in which they reach us cannot be enlarged beyond its express scope.”
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Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by the United States National Bank of Eed Lodge against the Great Western Sugar Company. Judgment for plaintiff, and defendant appeals. “Agreed statements of fact are solemn admissions, resembling special verdicts, and (as with the latter) the meaning of the language in which they reach us cannot be enlarged beyond its express scope.” (Ozark Plateau Land Co. v. Hays, 105 Mo. 143, 16 S. W. 957; Koppel v. Mass. Brick Co., 192 Mass. 223, 78 N. E. 128; Gallagher v. Hathaway Mfg. Co., 169 Mass. 578, 48 N. E. 844.)…
1Opinion
*351On Rehearing.
(Submitted May 31, 1921. Decided June 20, 1921.)
2Opinion of the CourtJustice Reynolds
Since this case was tried upon an agreed statement of
[6] facts, defendant contends that under the rule applicable to such cases it was the duty of the trial court to apply the law to the facts and render judgment in accordance with the merits of the case as disclosed by the agreed statement of facts, and on the hearing in this court judgment should likewise be entered, or directions given for its entry, and that we should not send the case back to the trial court for a new trial. We are satisfied that this contention is sustained by…
3Cases cited21 opinions
- Willard v. WoodSupreme Court of the United States · 1890
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Pape v. Capitol BankSupreme Court of Kansas · 1878
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- Saltonstall v. RussellSupreme Court of the United States · 1894
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