Walsh v. Hoskins
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by James A. Walsb against Omar and Maggie Hoskins, and the Montana Coal & Iron Company. From a judgment for the answering defendant corporation and an order denying his motion for new trial, plaintiff appeals.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by James A. Walsb against Omar and Maggie Hoskins, and the Montana Coal & Iron Company. From a judgment for the answering defendant corporation and an order denying his motion for new trial, plaintiff appeals. Under section 6422, Revised Codes, plaintiff had a lien on the two causes of action, and on any verdict, decision or judgment, and the proceeds thereof, into whosoever hands they might come, which could not be affected by any settlement between the parties. (Coombe v. Knox, 28 Mont. 202, 72 Pae. 641;…
1Opinion of the CourtJustice Holloway
This cause was before this court on a former appeal. (Walsh v. Hoskins, 46 Mont. 356, 128 Pac. 589.) We held that the complaint states a cause of action and remanded the case for further proceedings. There was no personal service upon, or appearance by, Omar or Maggie Hoskins. The defendant Montana Coal & Iron Company answered, admitting some of the allegations of the complaint and denying others. The trial re-*203suited in a judgment for the answering defendant, and plaintiff appeals. A statement of the ease precedes our former opinion, and need not be repeated here.
[1] To the extent that the…
2Cases cited5 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Davenport v. KleinschmidtMontana Supreme Court · 1889
- Whitwell v. City of AuroraMissouri Court of Appeals · 1909
- Walsh v. HoskinsMontana Supreme Court · 1912
3Cited by12 opinions
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Bekkedahl v. McKittrickMontana Supreme Court · 2002
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- Cook v. HudsonMontana Supreme Court · 1940
- Harrison v. RiddellMontana Supreme Court · 1922
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