Chicago Title & Trust Co. v. O'Marr
Montana Supreme Court
Appeal from Ninth, Judicial District, Meagher County. Action for conversion. The cause was tried before Henrv, J., without a jury. Judgment was rendered for the plaintiff below. Statement of the case by the justice delivering the opinion. This action grows out of the alleged conversion by the defendants of chattels mortgaged to the plaintiff and the inter-venors.
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Appeal from Ninth, Judicial District, Meagher County. Action for conversion. The cause was tried before Henrv, J., without a jury. Judgment was rendered for the plaintiff below. Statement of the case by the justice delivering the opinion. This action grows out of the alleged conversion by the defendants of chattels mortgaged to the plaintiff and the inter-venors. Burchard & Pierse, merchants at Neihart, becoming involved, on July 3d 1893, executed a chattel mortgage to one Atkinson to secure a note for $4,100. Atkinson took instant possession under the mortgage, placing one Harrison in charge…
1Opinion of the CourtHuNt, J.
Inasmuch as the inception of any rights which may have accrued to the respective parties to this suit and the judgment rendered therein antedate the adoption of the codes of 1895, the law as it stood at the time such rights became fixed must control. The statute, section 5182, of the Political Code, 1895, expressly provides, among other things, that the repeal of the old statutes should not abridge, abolish or impair any vested right or rights accruing or accrued; nor should such repeal change the force and effect of any act done or judgment rendered, or suit or proceeding had or commenced…
2Cases cited5 opinions
- Petring v. ChrislerSupreme Court of Missouri · 1886
- Leopold v. SilvermanMontana Supreme Court · 1888
- Fisherdick v. HuttonNebraska Supreme Court · 1895
- Milburn Manufacturing Co. v. JohnsonMontana Supreme Court · 1890
- Marcum v. ColemanMontana Supreme Court · 1890
3Cited by7 opinions
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- Edwards v. MeaderWashington Supreme Court · 1949
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Leo v. CasselmanWashington Supreme Court · 1947
- Slimmer v. Meade County BankSouth Dakota Supreme Court · 1914
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