O'Gara v. Lowry
Montana Supreme Court
Appeal from Second District, Silver Bow County. The court erred in not giving defendant’s third instruction asked and refused (which see, page 13), and in not granting defendant’s motion for non-suit (see p. 13, also, of record), which both involve the same question, to wit: the facts being undisputed, the want of delivery of possession is a question of law alone for the court to determine.
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Appeal from Second District, Silver Bow County. The court erred in not giving defendant’s third instruction asked and refused (which see, page 13), and in not granting defendant’s motion for non-suit (see p. 13, also, of record), which both involve the same question, to wit: the facts being undisputed, the want of delivery of possession is a question of law alone for the court to determine. See sec. 169, Statute of Frauds; E. S. p. 436; and see Evidence, Eecord, pp. 22-25, etc. The evidence shows that the sale was made July 21st, and the delivery was not till July 22d, and the property was in…
1Opinion of the CourtCoburn, J.
This is an action for claim and delivery of four horses, a wagon, a whip, two sets of harness and eight cords of wood. The plaintiff alleges that the defendant unlawfully took, on the 13th of September, 1882, this property from the possession of the plaintiff; that demand was made of defendant on the 18th of September, and a refusal on his part to deliver the same. The defendant justfied as the sheriff of Silver Bow county, alleging that, at the time named, the property was owned and possessed by Charles R. Cutler; that Cutler was then indebted to Foster and Murphy in the sum of $416.24; that…
2Cases cited4 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Lay v. NevilleCalifornia Supreme Court · 1864
- Chaffin v. DoubCalifornia Supreme Court · 1859
- Gamble v. VollCalifornia Supreme Court · 1860
3Cited by7 opinions
- Rocheleau v. BoyleMontana Supreme Court · 1892
- Veum v. StefferudNorth Dakota Supreme Court · 1923
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925
- Claypool v. Malta Standard GarageMontana Supreme Court · 1934
- Reynolds v. BeckMissouri Court of Appeals · 1904
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