Ervin v. Collier
Montana Supreme Court
Appeal from First District, Jefferson County. This is the same case, reported in 2 Mon. 605, appealed again from judgment of court below', Blare, J., overruling motion to amend, answer and try the cause de novo, after the case had been reversed and remanded for error occurring subsequent to trial.
Read the full summary
Appeal from First District, Jefferson County. This is the same case, reported in 2 Mon. 605, appealed again from judgment of court below', Blare, J., overruling motion to amend, answer and try the cause de novo, after the case had been reversed and remanded for error occurring subsequent to trial. Where errors occur subsequent to the finding of facts and a ease is reversed on appeal, the court below may exercise its discretion to re-try the issues of fact or not, as upon investigation of the case, substantial justice will be promoted. This court upon the former appeal not having modified the…
1Opinion of the CourtKNOwles, J.
On the 23d day of February, 1874, the plaintiffs in the above-entitled action recovered a judgment awarding them a perpetual injunction, restraining the defendant from committing a threatened trespass upon certain property alleged to belong to plaintiffs.
In said judgment it was further adjudged that a report of a receiver who had been appointed pending the suit be confirmed, and that defendant should pay the costs of the receiver, including wages of the receiver, taxed at $890.75. There was nothing in the record that showed us how much of this bill of costs was for wages, and how much was for…
2Cited by6 opinions
- Whalen v. SmithCalifornia Supreme Court · 1912
- Missouri, Kansas & Texas Trust Co. v. ClarkNebraska Supreme Court · 1900
- Concepción Cosme v. MárquezSupreme Court of Puerto Rico · 1936
- State v. Omaha National BankNebraska Supreme Court · 1900
- Cosme v. MárquezSupreme Court of Puerto Rico · 1936
1 more not listed; retrieve them via the Exa API.