Pittsmont Copper Co. v. O'Rourke
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by the Pittsmont Copper Company, a corporation, against John K. O ’Rourke, as sheriff of Silver Bow county, and another. From an order granting defendants a new trial, plaintiff appeals. The affirmative allegations do not constitute a counterclaim.
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Appeal from District Court, Silver Bow County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by the Pittsmont Copper Company, a corporation, against John K. O ’Rourke, as sheriff of Silver Bow county, and another. From an order granting defendants a new trial, plaintiff appeals. The affirmative allegations do not constitute a counterclaim. As between Forsell and the appellant, there is lacking the essential element of privity, and privity between the parties must be shown to authorize the court to entertain a counterclaim. Likewise, there must be mutuality between…
1Opinion of the CourtJustice Sanner
Suit in equity by the' Pittsmont Copper Company (hereinafter called the plaintiff) against John K. O’Rourke, as sheriff of Silver Bow county, and one Alfred Forsell, to enjoin the sale of certain real property consisting of mines in operation, smelting and concentrating plants and other appurtenances thereto, in execution of a judgment obtained by Forsell against the Pittsburgh and Montana Copper Company (hereinafter called the Montana company), to have said judgment declared not to be a lien upon such px'operty, and to have the levy of execution thereunder declared null and void. The…
2Cases cited25 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Grenell v. Detroit Gas Co.Michigan Supreme Court · 1897
- Luedecke v. Des Moines Cabinet Co.Supreme Court of Iowa · 1908
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3Cited by9 opinions
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- J. H. Hincke Printing Co. v. BaileySupreme Court of Colorado · 1928
- Walls v. EvansWyoming Supreme Court · 1928
- Wright v. United StatesDistrict Court, D. Montana · 1977
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