Coady v. Reins
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. This action was beard by the court, Wade, J., in August, 1871, and judgment rendered for Reins on Ms demurrer to the complaint. The facts are stated in the opinion. This action was limited by the original statute of limitations to two years from the time the cause of action arose. Acts 1865, 467, § 8. This was amended, and the time was extended to five years.
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Appeal from the Third District, Lewis and Clarice County. This action was beard by the court, Wade, J., in August, 1871, and judgment rendered for Reins on Ms demurrer to the complaint. The facts are stated in the opinion. This action was limited by the original statute of limitations to two years from the time the cause of action arose. Acts 1865, 467, § 8. This was amended, and the time was extended to five years. Acts 1870, 62. The statute in force at the time the action was brought governs it. The old law was expressly repealed by the amendment of 1870. The complaint shows continuing…
1Opinion of the CourtMubphy, J.
This suit was commenced on the 12th day of April, 1871, by Coady, to recover damages against Rein, for unskillfulness, etc., as a physician and surgeon, in setting and treating her fractured and dislocated arm and elbow, on the 28th day of February, 1868.
On the 11th day of July, 1871, the defendant filed a demurrer to the amended complaint, setting forth as the grounds thereof: 1. That the action was barred by the statute of limitation: and, 2. That the complaint did not state facts sufficient to constitute a cause of action.
The demurrer was sustained and judgment for costs rendered against…
2Cases cited2 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
3Cited by18 opinions
- Berry v. BrannerOregon Supreme Court · 1966
- Hahn v. ClaybrookCourt of Appeals of Maryland · 1917
- Johnson v. St. Patrick's HospitalMontana Supreme Court · 1966
- Williams v. EliasNebraska Supreme Court · 1941
- Peteler v. RobinsonUtah Supreme Court · 1932
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