Legal Opinion

Babcock v. Caldwell

Montana Supreme Court

Decided April 24, 1899No. 1092PublishedCited by 15 opinions

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

  1. Sawyer v. RobertsonMontana Supreme Court · 1892
  2. Baals v. StewartIndiana Supreme Court · 1886
  3. McCleary v. CrowleyMontana Supreme Court · 1899
  4. Beck v. O'ConnorMontana Supreme Court · 1898
  5. Courtney v. Missoula CountyMontana Supreme Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
  2. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  3. Smith v. DenniffMontana Supreme Court · 1899
  4. Wray v. Great Falls Paper Co.Montana Supreme Court · 1925
  5. Rogness v. Northern Pacific Ry. Co.Montana Supreme Court · 1921

10 more not listed; retrieve them via the Exa API.

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