Gassert v. Black
Montana Supreme Court
Appeal from Sixth Judicial District, Park County. Foreclosure of mortgage. Judgment was rendered for the plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. The plaintiff obtained judgment against the defendants for §13,334 upon a promissory note, and also for the foreclosure of a mortgage • upon certain real estate, given by the defendants to secure said note.
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Appeal from Sixth Judicial District, Park County. Foreclosure of mortgage. Judgment was rendered for the plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. The plaintiff obtained judgment against the defendants for §13,334 upon a promissory note, and also for the foreclosure of a mortgage • upon certain real estate, given by the defendants to secure said note. A better view of the facts of the case will be obtained by referring to the case of Gassert v. Black, 11 Mont. 185. In that case the plaintiff herein brought action against the defendants herein…
1Opinion of the CourtDe Witt, J.
The only point of importance in the case is as follows: Without stating in detail the method by which the question was raised, it is sufficient to ' say that the defendants contended that the judgment in the former case was res adjudi-caba upon this trial, for the reason that the equitable defenses set up in this case were also pleaded in the former case, and that in the former case, the jury found the issues for the defendants, and, as the equitable issues were submitted to the jury, the judgment is res adjudicaba as to everything before the jury and the court at that time. In this…
2Cases cited11 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Fischli v. FischliIndiana Supreme Court · 1825
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Richardson v. JonesIndiana Supreme Court · 1877
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3Cited by2 opinions
- Pennington County Bank v. BaumanNebraska Supreme Court · 1909
- Kidder v. VarnerMontana Supreme Court · 1959