Chesnut v. Sales
Montana Supreme Court
Appeal from District Court, Gallatin County, Ninth Judicial District; Albert P. Stark, Judge of the Sixth District, presiding. Action by Ben Cbesnut against A. H. Sales. From a judgment for defendant, plaintiff appeals. When Chesnut made a demand for his mules, after the verdict was rendered in his favor, and such demand was refused by Sales, we contend that this was a separate and distinct tort for which the defendant Sales became liable.
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Appeal from District Court, Gallatin County, Ninth Judicial District; Albert P. Stark, Judge of the Sixth District, presiding. Action by Ben Cbesnut against A. H. Sales. From a judgment for defendant, plaintiff appeals. When Chesnut made a demand for his mules, after the verdict was rendered in his favor, and such demand was refused by Sales, we contend that this was a separate and distinct tort for which the defendant Sales became liable. The judgment in the former case directed Sales to return the property to Chesnut. He could have complied with this judgment and have relieved himself from…
1Opinion of the CourtJustice Sanner
The appellant, Ben Chesnut, as the owner of two certain mules and a set of harness, brought an action in the district court of Gallatin county against the respondent, A. H. Sales, to recover the possession of the same, with damages for the detention thereof. After issue joined and a trial upon the merits, Chesnut had judgment for the return of the property and damages, whereupon he demanded the return of the mules.. Sales refused to deliver, but appealed to this court, giving the stay bond required by section 7103, Revised Codes. The appeal was unsuccessful (Chesnut v. Sales, 44 Mont. 534,…
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