Moore v. Murray
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Donald Moore against James A. Murray and others. Erom a judgment in favor of defendant J ames A. Murray, plaintiff appeals. Statement of the Case.
Read the full summary
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Donald Moore against James A. Murray and others. Erom a judgment in favor of defendant J ames A. Murray, plaintiff appeals. Statement of the Case. The plaintiff commenced this action hy filing a complaint containing, among others, the following paragraphs: “(1) That at all the times hereinafter mentioned the defendant J ames A. Murray was the owner and reputed owner of the property hereinafter described, and that the defendants- James Cummings and T. J. McKenzie were the owners of an interest in said realty…
1Opinion of the Court
MR. COMMISSIONER CALLAWAY
prepared the statement of the case and the following opinion for the court:
If there is an issue framed by the pleadings, the court was right in refusing to grant plaintiff’s motion for judgment thereon. (Horsky v. Moran, 13 Mont. 250, 34 Pac. 360; Bach, Cory & Co. v. Montana L. & P. Co., 15 Mont. 345, 39 Pac. 291; Floyd v. Johnson, 17 Mont. 469, 43 Pac. 631; Sklower v. Abbott, 19 Mont. 228; 41 Pac. 901; Bryant v. Davis, 22 Mont. 534, 57 Pac. 143.)
No question has been raised by counsel as. to- the sufficiency of the complaint. We think material portions of it axe, in…
Also in this document: Per curiam.
2Cases cited7 opinions
- Bryant v. DavisMontana Supreme Court · 1899
- Sklower v. AbbottMontana Supreme Court · 1897
- Horsky v. MoranMontana Supreme Court · 1893
- Floyd v. JohnsonMontana Supreme Court · 1896
- Bach, Cory, & Co. v. Montana Lumber & Produce Co.Montana Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Equity Co-operative Ass'n v. Equity Co-operative Milling Co.Montana Supreme Court · 1922
- Corey v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Aiken v. City of GlendiveMontana Supreme Court · 1921
- Grant v. HewittMontana Supreme Court · 1922