Haggin v. Lorenz
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County. Ejectment. Judgment by default for the plaintiff. The defendant’s motion to recall the writ of restitution was granted by Woody, J. Statement of the case by the justice delivering the opinion: This is another appeal in the same case as that reported under the above title in 13 Montana, 406. On the former appeal we refused to reverse the order of the district court denying a motion to set aside the default of the…
Read the full summary
Appeal from, Third Judicial District, Deer Lodge County. Ejectment. Judgment by default for the plaintiff. The defendant’s motion to recall the writ of restitution was granted by Woody, J. Statement of the case by the justice delivering the opinion: This is another appeal in the same case as that reported under the above title in 13 Montana, 406. On the former appeal we refused to reverse the order of the district court denying a motion to set aside the default of the defendant and the consequent judgment in favor of plaintiff. For a statement of the case up to the time of the remittitur on…
1Opinion of the CourtDeWitt, J.
— The facts set out in the statement preceding this opinion all appeared upon the hearing of the motions by the district court. It may also be conceded that it fully appeared that all parties to the litigation understood that the same was in reference to the ground actually occupied by the defendant in said section 25; also that it was first discovered that the complaint and judgment described ground in section 26 after the writ of restitution had been issued. But we are of opinion that we cannot decide this appeal upon what the parties understood was the description of the premises in the…
2Cases cited4 opinions
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
- Barber v. BriscoeMontana Supreme Court · 1888
- Foster v. WilsonMontana Supreme Court · 1883
- Largey v. SedmanMontana Supreme Court · 1879
3Cited by3 opinions
- Tracy v. HarmonMontana Supreme Court · 1896
- Ringstad v. GrannisCourt of Appeals for the Ninth Circuit · 1947
- Tuckfield v. CragerUtah Supreme Court · 1905