Babcock v. Caldwell
Montana Supreme Court
Appeal from District Court, Gallatin County¡ Fra/nk Henry, Judge. AcTi&Nby W. EL Babcock against White Caldwell, Sheriff of Gallatin County. From a judgment for plaintiff and from an order refusing a new trial, defendant appeals.
1Per curiam
This was an action to recover damages for the alleged conversion of a certain sawmill and appliances. ■Yerdict and judgment for plaintiff. Defendant appeals from the judgment and from an order refusing a new trial.
1. Defendant attacks the complaint upon the ground that it fails to state a cause of action by reason of the omission therefrom of an allegation that the plaintiff was the owner and entitled to possession at the commencement of the action. The *461complaint avers, among other things, that “on the 24th day of September, 1895, the plaintiff was the owner and in possession of’ ’ the…
2Cases cited6 opinions
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Baals v. StewartIndiana Supreme Court · 1886
- McCleary v. CrowleyMontana Supreme Court · 1899
- Beck v. O'ConnorMontana Supreme Court · 1898
- Courtney v. Missoula CountyMontana Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Smith v. DenniffMontana Supreme Court · 1899
- Wray v. Great Falls Paper Co.Montana Supreme Court · 1925
- Rogness v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.