Rand v. Kipp
Montana Supreme Court
Appeal from District Courti, Silver Bow County; William Clancy, Judge. ActioN by Robert N. Rand against Louis Kipp and Henry Kipp', co-partners doing business as Kipp Brothers. Judgment for plaintiff, and from an order granting defendants’ motion for a new trial, plaintiff appeals.
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Appeal from District Courti, Silver Bow County; William Clancy, Judge. ActioN by Robert N. Rand against Louis Kipp and Henry Kipp', co-partners doing business as Kipp Brothers. Judgment for plaintiff, and from an order granting defendants’ motion for a new trial, plaintiff appeals. Surprise at the testimony of a witness is not ground for a new trial unless it can be shown that such testimony w>as not true, or that the evidence to be produced on another trial is such as will probably secure a different result. (People v. Jocelyn, 29 Cal. 562;. Charterys Estate, 56 Cal. 470; Pelmas v. Martin-,…
1Opinion of the Court
MR GIIIE'F JUSTICE BRANTLT
delivered tbe opinion of tbe court.
Action by plaintiff to recover of tbe defendants, as copart-ners under tbe firm name of Kipp Bros., tbe sum of $485, alleged to be due upon a balance of account for beef cattle sold and delivered to defendants at their special instance and re*141quest, with interest from June 1, 1893, for vexatious and unreasonable delay of payment.
Defendant Louis Kipp suffered judgment by default. Defendant Henry Kipp answered, denying specifically all the aver-ments of the complaint. There was a verdict for the plaintiff for the amount claimed, with…
2Cases cited2 opinions
- Kauffman v. MaierCalifornia Supreme Court · 1892
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
3Cited by9 opinions
- State v. LandryMontana Supreme Court · 1903
- Kartes v. KartesMontana Supreme Court · 1977
- State v. GehmSouth Dakota Supreme Court · 1999
- Case v. KramerMontana Supreme Court · 1906
- In Re the Marriage of BurnerMontana Supreme Court · 1991
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