Adams v. Stenehjem
Montana Supreme Court
Appeal from, District Court, Sheridan County; Frank N. TJtter, Judge. Action by O. 0. Adams against A. 0. Stenehjem, as administrator of the estate of G. .0. Meltzer, deceased. From a judgment for defendant, plaintiff appeals. We submit that the expressions “that said certificate is duly authorized by law” and “that said certificate is in due form” are in effect the same, and do not convey different meanings.
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Appeal from, District Court, Sheridan County; Frank N. TJtter, Judge. Action by O. 0. Adams against A. 0. Stenehjem, as administrator of the estate of G. .0. Meltzer, deceased. From a judgment for defendant, plaintiff appeals. We submit that the expressions “that said certificate is duly authorized by law” and “that said certificate is in due form” are in effect the same, and do not convey different meanings. An analysis of the two expressions seems to justify this conclusion. “In due form of law” means nothing more or less than in the form of or in accordance with law, and the expression “is…
1Opinion of the CourtJustice Holloway
This action was instituted to recover a balance due upon a judgment rendered by a district court of North Dakota. Upon the trial, plaintiff offered in evidence a certified copy of the judgment-roll from the North Dakota court, but it was excluded upon the ground that it was not exemplified as required by law. Plaintiff then had the original files constituting the judgment-roll identified, and these were received in evidence, but afterward stricken out. A motion for nonsuit was sustained, and *236from the judgment rendered and entered plaintiff has appealed. Errors are predicated upon the rulings…
2Cases cited7 opinions
- Fall v. EastinSupreme Court of the United States · 1909
- In re WeberNorth Dakota Supreme Court · 1894
- Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
- Caruthers v. CorbinSupreme Court of Georgia · 1868
- Davis v. DavisSouth Dakota Supreme Court · 1910
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3Cited by43 opinions
- Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- Thisted v. Country Club Tower Corp.Montana Supreme Court · 1965
- Riley v. BlackerMontana Supreme Court · 1915
- State v. Gateway Mortuaries, Inc.Montana Supreme Court · 1930
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