Flynn v. Beaverhead County
Montana Supreme Court
Appeal from District Court, Beaverhead County; Wm. A. Clark, Judge. Action by Thomas Flynn against Beaverhead County. From a judgment of nonsuit plaintiff appeals. Under the facts in this case, ejectment is the proper remedy. The case of Armstrong v. City of St. Louis, 69 Mo. 309, 33 Am. Rep. 499, is the leading ease on this subject. It holds that ejectment will lie against a city to recover land which the city had wrongfully taken and converted into a street.
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Appeal from District Court, Beaverhead County; Wm. A. Clark, Judge. Action by Thomas Flynn against Beaverhead County. From a judgment of nonsuit plaintiff appeals. Under the facts in this case, ejectment is the proper remedy. The case of Armstrong v. City of St. Louis, 69 Mo. 309, 33 Am. Rep. 499, is the leading ease on this subject. It holds that ejectment will lie against a city to recover land which the city had wrongfully taken and converted into a street. In the case of McCarty v. Clark County, 101 Mo. 179, 14 S. W. 51, the supreme court of Missouri approves the Armstrong Case and says:…
1Opinion of the CourtChief Justice Brantly
Action in ejectment. The complaint is in the usual form, alleging title and right of possession in plaintiff to certain lands described, and ouster therefrom by the defendant, to plaintiff’s damage, etc. The answer consists of a denial of all the material allegations of the complaint, and matters alleged as affirmative' defenses upon which issue was joined by reply. At the close of plaintiff’s evidence the court granted the defendant a nonsuit and directed judgment in- its favor for the costs of the action. The plaintiff has appealed.
The evidence discloses these facts: Some time prior to…
2Cases cited6 opinions
- Strong v. . City of BrooklynNew York Court of Appeals · 1876
- Murray v. City of ButteMontana Supreme Court · 1887
- Armstrong v. City of St. LouisSupreme Court of Missouri · 1879
- McCarty v. Clark CountySupreme Court of Missouri · 1890
- Lawe v. City of KaukaunaWisconsin Supreme Court · 1887
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3Cited by7 opinions
- Eby v. City of LewistownMontana Supreme Court · 1918
- Sullivan v. Big Horn CountyMontana Supreme Court · 1923
- Postal Telegraph-Cable Co. of America v. NolanMontana Supreme Court · 1916
- Flynn v. Beaverhead CountyMontana Supreme Court · 1917
- Neil v. Lewis & Clark CountyMontana Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.