Coover v. Davis

Plaintiff recovered a judgment in the justice court of Marias Township in Toole county in the sum of $42. Defendants appealed to the district court where the trial resulted in a verdict and judgment for plaintiff in a like amount. Defendants’ motion for new trial was denied, and they appealed from the judgment. Their first contention is that the complaint does not state facts sufficient to constitute a cause of action.

The important allegations of the complaint are contained in paragraph 3, reading:

“That on or about the 3rd day of July, 1930, at defendants’ special instance and request,…