Williams v. Gray
Montana Supreme Court
Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by Hobart Williams against Del E. Gray, as Sheriff of Gallatin County. Judgment for plaintiff and defendant appeals from it and. an order denying a new trial. The complaint does not state a -cause of action for the reason that it contains no allegation of the value of the property alleged to have been converted at the date of the conversion.
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Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by Hobart Williams against Del E. Gray, as Sheriff of Gallatin County. Judgment for plaintiff and defendant appeals from it and. an order denying a new trial. The complaint does not state a -cause of action for the reason that it contains no allegation of the value of the property alleged to have been converted at the date of the conversion. The holdings of this court upon what a complaint in conversion must allege are uniform upon the point that it must include an allegation of the value of the property at the date of…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
Appeals by defendant from a judgment rendered on a verdict for plaintiff and from an order overruling a motion for a new trial. The action is for damages resulting from an alleged conversion by defendant of certain wheat, of which plaintiff claimed to be the owner.
*5It is alleged in the complaint that the defendant was at the time the sheriff of Gallatin county, Montana, and on September 27, 1918, plaintiff was the owner and entitled to the immediate possession of an undivided two-thirds interest in a crop 'of grain grown on…
2Cases cited14 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Lowman v. SheetsIndiana Supreme Court · 1890
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Brunswick-Balke-Collender Co. v. BrackettSupreme Court of Minnesota · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Henningsen v. StrombergMontana Supreme Court · 1950
- Howe v. MessimerMontana Supreme Court · 1929
- Sharp v. SharpMontana Supreme Court · 1923
- Nelson v. BowenCalifornia Court of Appeal · 1932
- Klus v. LamireMontana Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.