Legal Opinion · Dissent

Montgomery v. First National Bank

Montana Supreme Court

Decided March 23, 1943No. 8259Published

1Dissent

MR. JUSTICE MORRIS:

I dissent. This cause was first tried in the United States District Court for the district of Montana, determined adversely to the plaintiffs, and appealed to the Circuit Court of Appeals of the Ninth Circuit. The conclusions of the Circuit Court, eanfirming the district court in the federal jurisdiction, may be aptly summarized by one expression in the- opinion of the Circuit Court of Appeals, which was “Appellant has not made out a case for the intervention of a court of equity under the jurisprudence of Montana.” (Montgomery v. Gilbert, 9 Cir., 77 Fed. (2d) 39, 45.)…

2Cases cited19 opinions

  1. Ohio Bell Telephone Co. v. Public Utilities CommissionSupreme Court of the United States · 1937
  2. Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
  3. Great Northern Railway Co. v. WeeksSupreme Court of the United States · 1936
  4. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  5. Northern Pac. Ry. Co. v. BoydCourt of Appeals for the Ninth Circuit · 1910

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