Marcellus v. Wright
Montana Supreme Court
Appeal from District Court, Fergus County; Rudolph Von Tobel, Judge. Action by Mary A. Marcellus against Frank E. Wrigbt and others. From an order annulling an order overruling motion for new trial, the defendants appeal. The record is barren of any justification for the order in question. On the face of the record the situation here presented has no exact precedent and few analogies.
Read the full summary
Appeal from District Court, Fergus County; Rudolph Von Tobel, Judge. Action by Mary A. Marcellus against Frank E. Wrigbt and others. From an order annulling an order overruling motion for new trial, the defendants appeal. The record is barren of any justification for the order in question. On the face of the record the situation here presented has no exact precedent and few analogies. Certified by the judge who made the order appealed from as “containing all the evidence submitted and considered by the court in the making of said ruling,” the record shows the bald fact — and nothing more —…
1Opinion of the Court
MB. JUSTICE' COOPEB
delivered the opinion of the court.
This action was commenced in the district court of Fergus county in and for the tenth judicial district. It was tried by *282the court without a jury. Upon findings of fact and conclusions of law, the court entered judgment in favor of the [1] defendants. On March 23, 1920, respondent filed her motion for a new trial, which was later argued, submitted, and by the court taken under advisement. By a writing entitled “Opinion on Motion for a New Trial” the court stated its reasons for refusing the motion, and ended with the declaration that a new…
2Cases cited18 opinions
- Stevenson v. ColganCalifornia Supreme Court · 1891
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- Smith v. BryanSupreme Court of Virginia · 1902
- Broder v. ConklinCalifornia Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. King v. District CourtMontana Supreme Court · 1939
- In Re WiegandDistrict Court, S.D. California · 1939
- State Ex Rel. Bonner v. District Court of First Judicial DistrictMontana Supreme Court · 1949
- State ex rel. Wilcox v. District Court of the Thirteenth Judicial DistrictMontana Supreme Court · 1984
- Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.