Campbell v. Irvine
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Gou/nty. Action on an account. Judgment was rendered for the plaintiff below by Speer, J. It is within the discretion of the court under section 22 of the Code of Civil Procedure (1887), to allow a person to be substituted upon application, and when the court is satisfied that such person has had transferred to him the cause of action pending, it makes the order of substitution, as in this case.
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Appeal from Second Judicial District, Silver Bow Gou/nty. Action on an account. Judgment was rendered for the plaintiff below by Speer, J. It is within the discretion of the court under section 22 of the Code of Civil Procedure (1887), to allow a person to be substituted upon application, and when the court is satisfied that such person has had transferred to him the cause of action pending, it makes the order of substitution, as in this case. (Moss v. Shear, 30 Cal. 476; Cama/rilloY. Fenlon, 49 Cal. 206; Elliot v. Teal, 5 Sawyer 190; Chickasaw Co. v. Pitcher, 36 Iowa 596; Firman v. Batemcm,…
1Opinion of the CourtDe Witt, J.
This action was commenced by the original plaintiff, Davies, asking for judgment against the defendant) *477Irvine, for the value of material furnished in the erection of a certain building, and for a foreclosure of a lien upon the real estate. An answer to the complaint was filed by the original defendant. Afterwards, upon the application of Thompson Campbell, the court made an order substituting him as plaintiff. Afterwards Campbell, as substituted plaintiff, filed a replication. The case was tried to the court without a jury. Judgment was rendered in favor of the plaintiff. The defendant…
2Cases cited2 opinions
- Meadowcraft v. WalshMontana Supreme Court · 1895
- Virgin v. BrubakerNevada Supreme Court · 1868
3Cited by2 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Nome & Sinook Co. v. Ames Mercantile Co.Court of Appeals for the Ninth Circuit · 1911