Manuel v. Turner
Montana Supreme Court
Appeal from District Court, Jefferson County; Lew L. Calla-way, Judge. Action by Josephine Manuel, administratrix of Moses Manuel, deceased, against Dima S. A. Turner individually and as administratrix of Davis C. Turner, deceased, and others. From the decree, defendant, Turner appeals. The relief granted to the plaintiff if there be no answer cannot exceed that which he shall have demanded in his complaint. (Code Civ.
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Appeal from District Court, Jefferson County; Lew L. Calla-way, Judge. Action by Josephine Manuel, administratrix of Moses Manuel, deceased, against Dima S. A. Turner individually and as administratrix of Davis C. Turner, deceased, and others. From the decree, defendant, Turner appeals. The relief granted to the plaintiff if there be no answer cannot exceed that which he shall have demanded in his complaint. (Code Civ. Proc., sec. 1003; Raun v. Reynolds, 11 Cal. 19; Gage v. Rogers, 20 Cal. 91; Lamping v. Hyatt, 27 Cal. 102; Gautier v. English, 29 Cal. 165; Parrott v. Hen, 34 Cal. 81.) When…
1Opinion of the CourtChief Justice Brantly
This action was brought to obtain a decree foreclosing three several mortgages upon lands situate in Jefferson county and described in the complaint, which were executed by Davis C. Turner and his wife, Dima S. A. Turner, to various persons to-secure the payment of as many promissory notes, each one bearing the same date as the one of the mortgages intended to secure it. At the time of his death the plaintiff’s intestate was the owner of all of these notes and mortgages. The second and third of the mortgages cover the lands described in the first, as well, as others, but the record is silent…
2Cases cited2 opinions
- Thornton v. KaufmanMontana Supreme Court · 1907
- Dahlman v. DahlmanMontana Supreme Court · 1903
3Cited by7 opinions
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Doornbos v. ThomasMontana Supreme Court · 1915
- State Ex Rel. Barron v. District Court of Thirteenth Judicial District Ex Rel. Stillwater CountyMontana Supreme Court · 1946
- Armstrong v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1940
- State Ex Rel. Costello v. District CourtMontana Supreme Court · 1930
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