Fitzgerald v. Eisenhauer
Montana Supreme Court
Appeals from, District Court, Silver Bow County in the Second Judicial District; Ben B. Law, Judge of the Ninth District, presiding. Action by James T. Fitzgerald against Nellie Eisenhauer. Judgment for plaintiff. Defendant appeals from the judgment and an order refusing a new trial.
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Appeals from, District Court, Silver Bow County in the Second Judicial District; Ben B. Law, Judge of the Ninth District, presiding. Action by James T. Fitzgerald against Nellie Eisenhauer. Judgment for plaintiff. Defendant appeals from the judgment and an order refusing a new trial. The court should have granted defendant’s motion made at the beginning of the trial for an order to compel plaintiff to elect as to which cause of action set up in his complaint he would prosecute against the defendant. Both causes of action are for the same purpose, against the same defendant, concern the same…
1Opinion of the Court
MR. CHIEF COMMISSIONER STARK
delivered the following opinion:
This is an action by the plaintiff to recover from the defendant for services rendered by him as attorney for defendant in her capacity as special administratrix and executrix of the estate of John B. Sattes, deceased.
In the first count set forth in the second amended complaint, it is alleged that plaintiff is an attorney at law, duly admitted and licensed to practice Ms profession in the courts of this state; that on March 25, 1916, defendant was duly appointed special administratrix of the estate of John B. Sattes, deceased, duly…
2Cases cited9 opinions
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Blankenship v. DeckerMontana Supreme Court · 1906
- Darknell v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1910
- Estrella Vineyard Co. v. ButlerCalifornia Supreme Court · 1899
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3Cited by7 opinions
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- W. T. Rawleigh Co. v. WashburnMontana Supreme Court · 1927
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- Wilson v. Milner Hotels, Inc.Montana Supreme Court · 1944
- McGrath v. DubsMontana Supreme Court · 1953
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