Legal Opinion

Reynolds v. Fitzpatrick

Montana Supreme Court

Decided March 8, 1910No. 2,782PublishedCited by 7 opinions

'Appeal from, District Court, Deer Lodge County; W. R. C. Stewart, Judge of the Ninth Judicial District, presiding. Action by J. B. Reynolds against John Fitzpatrick and another, as sheriff and deputy sheriff, respectively, of Deer Lodge county. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.

1Opinion of the CourtJustice Holloway

In 1896 J. B. Reynolds commenced this action against John Fitzpatrick and John Conly, respectively sheriff and deputy sheriff of Deer Lodge county, to recover damages for the' conversion of personal property. The complaint is stated in two separate counts. Issues were joined, and upon the first trial the district court sustained a motion for nonsuit and entered judgment dismissing the action. Upon appeal to this court the-judgment was reversed. (Reynolds v. Fitzpatrick, 23 Mont. 52, 57 Pac. 452.) Upon a second trial the plaintiff prevailed; but. on appeal that judgment was reversed for errors…

2Cases cited5 opinions

  1. Reed v. . GannonNew York Court of Appeals · 1872
  2. Reynolds v. FitzpatrickMontana Supreme Court · 1899
  3. Reynolds v. FitzpatrickMontana Supreme Court · 1903
  4. Ramsey v. BurnsMontana Supreme Court · 1900
  5. Conner v. BludworthCalifornia Supreme Court · 1880

3Cited by7 opinions

  1. Conway v. FabianMontana Supreme Court · 1939
  2. State Bank v. SchultzeMontana Supreme Court · 1922
  3. Moore v. CrittendenMontana Supreme Court · 1922
  4. Jackway v. HymerMontana Supreme Court · 1910
  5. California Land & Construction Co. v. HalloranUtah Supreme Court · 1932

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