Monroe v. Cannon
Montana Supreme Court
Appeal from District Court, Lewis and Clarke county; S. H. McLntire,. Judge. Action by Burt Monroe against Henry Cannon. From a judgment in favor of plaintiff, defendant appeals. Statement oe the Case.
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Appeal from District Court, Lewis and Clarke county; S. H. McLntire,. Judge. Action by Burt Monroe against Henry Cannon. From a judgment in favor of plaintiff, defendant appeals. Statement oe the Case. This wasjm action in assumpsit, brought 'in the district. court of Lewis and Clarke county by Burt Monroe, to recover of the defendant, Henry Cannon, the sum of $600, alleged to be due plaintiff Tor pasturage, in that for about ten days, ending on or about the 8th day of December, 1895, defendant herded and pastured his sheep, to the number of about 2,300, upon the land and pasture of plaintiff…
1Opinion of the CourtJustice Word
Appellant concedes the respondent’s ownership of the land, the appellant’s ownership of the sheep, and the value of the *320pasturage. That respondent’s land was unfenced is undisputed.
To appellant’s objection that the complaint is insufficient, it is enough to say that the complaint contains all the averments necessary to the creation of a legal liability on the part of the appellant. It alleges ownership of the land in the respondent/ ownership of the sheep in' the appellant; the fact that they were herded and pastured on respondent’s land during a stated period of time; and that such pasturage…
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