Cobban v. Hecklen
Montana Supreme Court
Appeal from District Court, Silver Boiv County; J. B. Leslie, Judge. i ActioN by George Cobban against Samuel Heclden. From a judgment for defendant and .order denying a new trial, plaintiff appeals. STATEMENT OE THE. CASE. Action to recover possession of a parcel of ground included witbin tbe boundaries of tbe Summit Valley placer mining claim.
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Appeal from District Court, Silver Boiv County; J. B. Leslie, Judge. i ActioN by George Cobban against Samuel Heclden. From a judgment for defendant and .order denying a new trial, plaintiff appeals. STATEMENT OE THE. CASE. Action to recover possession of a parcel of ground included witbin tbe boundaries of tbe Summit Valley placer mining claim. Tbe amended complaint states, in substance, tbat tbe plaintiff is, and since tbe 22d day of July, 1897, has been, tbe owner and entitled to tbe possession of tbe land demanded, and tbat tbe defendant wrongfully and without plaintiff’s consent…
1Opinion of the Court
MR. JUSTICE PIGOTT,
after stating the case, delivered 1he opinion of the court.
1. Some contention is made by the defendant to the effect that the findings cannot be reviewed here, because the plaintiff *256did not challenge them as defective; and he invokes Sections 1114, 1115, and 1116 of the Code of Civil Procedure. These sections are not applicable. They have to' do- only with findings which are defective; that is, which omit matters necessary or proper to- be stated. Exceptions thus provided for lie on account of deficiencies or omissions and not for what is contained in the findings. Such is…
2Cases cited10 opinions
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- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Kipp v. SilvermanMontana Supreme Court · 1901
- McWhorter v. McMahanNew York Court of Chancery · 1843
- Johnson v. DodgeIllinois Supreme Court · 1856
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3Cited by35 opinions
- Ferguson v. StandleyMontana Supreme Court · 1931
- State v. HowardMontana Supreme Court · 1904
- State v. RitzMontana Supreme Court · 1922
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