Legal Opinion

Montana National Bank v. Merchants National Bank

Montana Supreme Court

Decided June 7, 1897PublishedCited by 4 opinions

Appeal from District Court, Lewis and Cla/rke County. Henry H. Blake, Judge. Action by the Montana National Bank against the Merchants’ National Bank, the Daily Journal company, the Journal Publishing company and Charles M. Jeffris. From a judgment in favor of plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion.

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Appeal from District Court, Lewis and Cla/rke County. Henry H. Blake, Judge. Action by the Montana National Bank against the Merchants’ National Bank, the Daily Journal company, the Journal Publishing company and Charles M. Jeffris. From a judgment in favor of plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. The facts in this case are substantially as follows: On November 9, 1892, the Montana National Bank instituted an action in the district court of Lewis and Clarke county against the Journal Publishing company for…

1Opinion of the CourtBuck, J.

It is claimed by appellants that the complaint of respondent does not state a cause of action, by reason of its failure to allege that any attachment had ever been levied on any indebtedness due from the Daily Journal company to the Journal Publishing company. Appellants contend that the complaint shows that only property and credits were attached by respondent, and not debts. The complaint is somewhat defective in the allegations as to the attachment of an indebtedness, but upon the trial it was stipulated between appellants and respondent that no claim was made in the action except on…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
  2. O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
  3. North Star Boot & Shoe Co. v. LaddSupreme Court of Minnesota · 1884
  4. Smith v. Clinton Bridge Co.Appellate Court of Illinois · 1883

3Cited by4 opinions

  1. Wilson v. HarrisMontana Supreme Court · 1898
  2. Murphy v. BjelikOregon Supreme Court · 1917
  3. Linn County Bank v. DavisSupreme Court of Kansas · 1921
  4. State ex rel. Bank of Herrick v. Circuit Court of Gregory CountySouth Dakota Supreme Court · 1913

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