Wortman v. Luna Park Amusement Co.
Montana Supreme Court
Appeals from District Court, Silver Bow County; John V. Dwyer, Judge. Action by George H. Wort-raau and Louis Frank, a copartnership doing business under the firm name and style of the George H. Wortman' Company, against the Luna Park Amusement Company. From a judgment for defendant and an order denying a motion for a new trial, plaintiffs appeal.
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Appeals from District Court, Silver Bow County; John V. Dwyer, Judge. Action by George H. Wort-raau and Louis Frank, a copartnership doing business under the firm name and style of the George H. Wortman' Company, against the Luna Park Amusement Company. From a judgment for defendant and an order denying a motion for a new trial, plaintiffs appeal. A defendant is not permitted to prove his affirmative defense on cross-examination of plaintiff’s witness, nor to cross-examine upon matters not touched upon direct examination. {Davis v. Morgan, 19 Mont. 141, 47 Pae. 793; Brophy v. Downey, 26 Mont.…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
Action in ejectment. The complaint herein contains the usual allegations of ownership in the plaintiff of certain real property, particularly described as “certain portions of sections 29 and 32, township 3, north of range 7 west, as follows: Lake Avoka situated in the northeast quarter of section 29, township 3, north of range 7 west,” together with certain *94improvements situated thereon — possession thereof by defendant, demand and refusal to deliver possession, and claim for damages. The answer tenders the general issue. At the…
2Cases cited4 opinions
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- City of Helena v. AlbertoseMontana Supreme Court · 1889
- McKinstry v. Clark & CameronMontana Supreme Court · 1882
3Cited by6 opinions
- Hanrahan v. AndersenMontana Supreme Court · 1939
- Northern Mining Corp. v. TrunzCourt of Appeals for the Ninth Circuit · 1941
- Prosper v. SmithMontana Supreme Court · 1923
- Schwartz v. Inspiration Gold Mining Co.District Court, D. Montana · 1936
- Norwegian L. Church of Amer. v. ArmstrongMontana Supreme Court · 1941
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