Benepe-Owenhouse Co. v. Scheidegger
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Benepe-Owenhouse Company, a corporation, against Jacob Scheidegger. From an order overruling a motion to vacate an order appointing a receiver, defendant appeals. There is nothing in sections 950 and 951 of the Code of Civil Procedure which would preclude the court from acting upon the complaint of a corporation verified as provided by section 731 of the Code of Civil Procedure.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Benepe-Owenhouse Company, a corporation, against Jacob Scheidegger. From an order overruling a motion to vacate an order appointing a receiver, defendant appeals. There is nothing in sections 950 and 951 of the Code of Civil Procedure which would preclude the court from acting upon the complaint of a corporation verified as provided by section 731 of the Code of Civil Procedure. The allegations in the complaint are made with the utmost positiveness. Nothing is stated therein upon information and belief. It is true…
1Opinion of the CourtJustice Holloway
On March 2, 1903, Benepe-Owenhouse Company, a corporation, entered into a contract in writing with one Jacob Scheidegger, by the terms of which certain real estate and personal property were leased to Scheidegger for a term of five years. In January, 1905, this action was commenced by the company against Scheidegger. The complaint sets forth the contract at. length, and then alleges that at the time of the making of the contract there was a well-established custom and usage in Gallatin county among the farmers and dairymen that under an agreement such as the one mentioned above, settlements…
2Cases cited6 opinions
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Grandin v. LaBarNorth Dakota Supreme Court · 1891
- Pollard v. Southern Fertilizer Co.Supreme Court of Alabama · 1898
- Christopher v. CondogeorgeCalifornia Supreme Court · 1900
- Jackson v. StateSupreme Court of Georgia · 1893
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3Cited by20 opinions
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- Lyons v. HowardNew Mexico Supreme Court · 1911
- Western Plumbing Co. v. FriedMontana Supreme Court · 1905
- Little v. LittleMontana Supreme Court · 1951
- Saunders Cash-Way Lumber & Hardware Co. v. HerrickMontana Supreme Court · 1978
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