Legal Opinion

Mackel v. Bartlett

Montana Supreme Court

Decided October 21, 1905No. 2,155PublishedCited by 1 opinion

Appeal from District Court, Silver Bow CountyWilliam Clancy, Judge. Action by Alexander Mackel, as trustee in bankruptcy of the estate of Frederick A. Bartlett, against Henry R. Bartlett. From a judgment of nonsuit, plaintiff appeals. The bill of exceptions does not purport to contain all of the evidence in the case, and the court cannot review the evidence or the order granting the nonsuit, for that reason.

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Appeal from District Court, Silver Bow CountyWilliam Clancy, Judge. Action by Alexander Mackel, as trustee in bankruptcy of the estate of Frederick A. Bartlett, against Henry R. Bartlett. From a judgment of nonsuit, plaintiff appeals. The bill of exceptions does not purport to contain all of the evidence in the case, and the court cannot review the evidence or the order granting the nonsuit, for that reason. (Ramsey v. Burns, 27 Mont. 154, 69 Pac. 711; Currie v. Montana Cent. Ry. Co., 24 Mont. 123, 60 Pac. 989; State v. Shepphard, 23 Mont. 323, 58 Pac. 868.) The only questions •which can be…

1Opinion of the CourtJustice Holloway

This is an action brought by a trustee in bankruptcy to recover the amount of an alleged preference.

The complaint alleges that prior to February 6, 1899, Frederick A. Bartlett was indebted to the First National Bank of Butte in the sum of $1,530, which indebtedness was evidenced by a promissory note theretofore executed by the said Frederick A. Bartlett, with Henry B. Bartlett, this defendant, as surety, and delivered to the bank; that on February 6, 1899, this note was past due; that Frederick A. Bartlett was then, and for a long time prior thereto had been, insol*126■vent and then contemplated…

2Cases cited14 opinions

  1. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  2. Satterlee v. BlissCalifornia Supreme Court · 1869
  3. Schmidt v. Chicago & Northwestern Ry. Co.Illinois Supreme Court · 1876
  4. Wright v. Fire InsuranceMontana Supreme Court · 1892
  5. Coffey v. GreenfieldCalifornia Supreme Court · 1882

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Mackel v. BartlettMontana Supreme Court · 1907

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