Quirk v. Muller
Montana Supreme Court
Appealfrom, First Judicial District, Lewis and Clarke County. Action upon contract. Judgment was rendered for plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion: This is an appeal from the judgment, upon which the only contention made is that the complaint does not support the judgment.
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Appealfrom, First Judicial District, Lewis and Clarke County. Action upon contract. Judgment was rendered for plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion: This is an appeal from the judgment, upon which the only contention made is that the complaint does not support the judgment. (Gillette v. Hibbard, 3 Mont. 412.) The action was for compensation for certain personal services rendered by plaintiff to defendant, under an alleged contract. The complaint is somewhat voluminous] but the portions material to this inquiry may be stated therefrom as…
1Opinion of the CourtDe Witt, J.
We are of opinion that the complaint is not sufficient to sustain the judgment. The learned district judge would have doubtless so held if the point had been made before him. We believe that the contract set out in the complaint is void as against public policy, and as tending to impede the *471administration of justice. The plaintiff was employed, not only to make search and inquiry for witnesses, and to ascertain the names of persons acquainted with the facts and circumstances, but also, in addition to this, to procure such other testimony which, when introduced in evidence, would entitle the…
2Cases cited4 opinions
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Patterson v. DonnerCalifornia Supreme Court · 1874
- Gillett v. Board of SupervisorsIllinois Supreme Court · 1873
- Wellington v. . KellyNew York Court of Appeals · 1881
3Cited by16 opinions
- Ethelyn Wheeler Hamilton, as Co-Executors of Estate of Harold F. Hamilton, Deceased v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1973
- Merchants' Protective Ass'n v. JacobsenIdaho Supreme Court · 1912
- Manufacturers & Merchants Inspection Bureau v. Everwear Hosiery Co.Wisconsin Supreme Court · 1913
- Thatcher v. DarrWyoming Supreme Court · 1921
- Hare v. McGueCalifornia Supreme Court · 1918
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