Legal Opinion

Finlen v. Heinze

Montana Supreme Court

Decided July 24, 1903No. Nos. 1,824, 1,839PublishedCited by 34 opinions

Appeal from District Court, Silver Bow Countyj B. TF. Harney, Judge. ActioN by Miles Finlen against F. Augustus Iieinze and others. From a decree entered in accordance with the prayer of said Heinze’s counterclaim, from an order overruling a motion for a new trial, and from an order modifying the decree, plaintiff appeals. STATEMENT OE THE CASE.

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Appeal from District Court, Silver Bow Countyj B. TF. Harney, Judge. ActioN by Miles Finlen against F. Augustus Iieinze and others. From a decree entered in accordance with the prayer of said Heinze’s counterclaim, from an order overruling a motion for a new trial, and from an order modifying the decree, plaintiff appeals. STATEMENT OE THE CASE. This action was originally commenced by the plaintiff, Fin-len, against the defendants, Arthur P. Heinze, Montana Ore Purchasing Company, the Johnstown Mining Company and F. Augustus Heinze, to recover possession of the Minnie Healy lode mining claim.…

1Opinion of the CourtJustice Holloway

1. It is contended that the evidence is-insufficient to justify the findings of the court-. An examination of one of the specifications, wherein the evidence is claimed to be insufficient, will *561suffice for all, for tbej are in substantially the same form. “(1) The evidence is insufficient to justify the finding that on the 21st day of November, 1898, or at any time, the plaintiff orally assigned, conveyed, or set over to the defendant, F. Augustus Heinze,' all or any of the leases or agreements referred to in the complaint and attached thereto' as exhibits, or all of his right, title,…

2Cases cited21 opinions

  1. Lord v. DallMassachusetts Supreme Judicial Court · 1815
  2. Finlen v. HeinzeMontana Supreme Court · 1902
  3. Morrill v. EversonCalifornia Supreme Court · 1888
  4. Haupt v. SimingtonMontana Supreme Court · 1903
  5. Peck v. PierceSupreme Court of Connecticut · 1893

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

3Cited by34 opinions

  1. Finlen v. HeinzeMontana Supreme Court · 1905
  2. Gay v. TorranceCalifornia Supreme Court · 1904
  3. Buhler v. LoftusMontana Supreme Court · 1917
  4. Day v. DayIdaho Supreme Court · 1906
  5. State ex rel. Goodman v. StewartMontana Supreme Court · 1920

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

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