Ryan v. Spieth
Montana Supreme Court
Appeal from Ninth Judicial District, Odllatin County. Creditor’s Bill. Defendant’s demurrer was sustained by Armstrong, J. Statement of the case by the justice delivering the opinion. This is an action in equity, seeking to reach, and have applied to a judgment, assets and property alleged to be fraudulently disposed of and concealed. A demurrer to the complaint was sustained, and judgment accordingly entered for the defendants. Plaintiff appeals.
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Appeal from Ninth Judicial District, Odllatin County. Creditor’s Bill. Defendant’s demurrer was sustained by Armstrong, J. Statement of the case by the justice delivering the opinion. This is an action in equity, seeking to reach, and have applied to a judgment, assets and property alleged to be fraudulently disposed of and concealed. A demurrer to the complaint was sustained, and judgment accordingly entered for the defendants. Plaintiff appeals. The demurrer was upon two grounds : (1) That the complaint did not set forth facts sufficient to constitute a cause of action; and (2) that it was…
1Opinion of the CourtDe Witt, J.
One ground urged for sustaining the demurrer is that the complaint does not state that an execution upon the original judgment of Ryan against the partnership of Spieth & Krug was ever issued and returned unsatisfied. One of the allegations of the complaint is-as follows: “That to issue an execution in this case, and to have it returned, would be productive of no good, and would only incur costs without result; that there is no property of Chas. Krug, Jacob F. Spieth, or Spieth & Krug subject to execution, or that can be found.”
Furthermore, it appears by the complaint, that the partnership of…
2Cases cited12 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Turner v. AdamsSupreme Court of Missouri · 1870
- Postlewait v. HowesSupreme Court of Iowa · 1856
- Ticonic Bank v. HarveySupreme Court of Iowa · 1864
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3Cited by10 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
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- State v. HiltonMontana Supreme Court · 1979
- Northern Montana State Bank v. CollinsMontana Supreme Court · 1923
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