Morse v. Swan
Montana Supreme Court
Appeal from. First District, Gallatin County. This was an action for trespass, and tbe prayer for relief claimed treble damages, as provided for by section 300 of Civil Practice Act. Tbe trial was by tbe court, and tbe findings an.d judgment in favor of plaintiff.
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Appeal from. First District, Gallatin County. This was an action for trespass, and tbe prayer for relief claimed treble damages, as provided for by section 300 of Civil Practice Act. Tbe trial was by tbe court, and tbe findings an.d judgment in favor of plaintiff. Appellants claim that tbe court below erred, in overruling tbeir demurrer to plaintiff’s complaint; sustaining oral motion to strike out part of complaint without having tbe record show tbe same; requiring defendants to answer over instanter; rendering judgment against defendants; overruling motion for new trial and vacating tbe…
1Opinion of the CourtENowles, J.
No bill of exceptions was taken in this case. Ve find a motion for a new trial, tbe order overruling tbe same, and a statement that this ruling was excepted to. This motion is as follows: “ And now comes the defendant * * * and moves tbe court for a new trial and vacation of the decision and judgment of tbe court herein rendered for tbe following reasons, to wit:
1. “ Because of tbe insufficiency of tbe evidence to justify tbe verdict or findings and decision, and that tbe same is against law.
2. “ Error in law occurring at the trial and excepted to by tbe defendant.
3. “ Surprise which ordinary…
2Cases cited1 opinion
- Althof v. ConheimCalifornia Supreme Court · 1869
3Cited by10 opinions
- State v. GreenoMontana Supreme Court · 1959
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- State v. MatkinsMontana Supreme Court · 1912
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Ebaugh v. BurnsMontana Supreme Court · 1922
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