United States v. Williams
Montana Supreme Court
Appeal from Second District, Deer Lodge County. Action to recover value of wood cut on public lands. Demurrer to complaint. Plaintiff appeals. I. Appellant’s counsel in his brief has assigned error only as to one of the grounds upon which the demurrer is based. This is that the court below was wrong in holding that the rules and regulations prescribed by the secretary of the interior were not sufficiently pleaded by reference merely to the date of their approval.
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Appeal from Second District, Deer Lodge County. Action to recover value of wood cut on public lands. Demurrer to complaint. Plaintiff appeals. I. Appellant’s counsel in his brief has assigned error only as to one of the grounds upon which the demurrer is based. This is that the court below was wrong in holding that the rules and regulations prescribed by the secretary of the interior were not sufficiently pleaded by reference merely to the date of their approval. The real question is, was the court bound to take judicial notice of these rules and regulations ? Por it seems to be admitted that…
1Opinion of the Court
JVIoLeary,.J.
This was an action brought by the United ■States against Henry Williams and A. A. Smith to recover the value of twenty-eight thousand cords of wood alleged to have been cut by the defendants on the public lands of the United States in violation of law. The defendants demurred to the complaint, and the court sustained the demurrer, and, the United States district attorney declining to amend his complaint, the case comes to this court on the correctness of the ruling sustaining the demurrer, and the, judgment thereupon rendered in favor of the defendants.
The grounds of the demurrer…
2Cases cited15 opinions
- Ooe, Ex Demise of Patterson v. Winn and OthersSupreme Court of the United States · 1831
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Hoyt v. RussellSupreme Court of the United States · 1886
- Yount v. HowellCalifornia Supreme Court · 1859
- Kimball v. LohmasCalifornia Supreme Court · 1866
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3Cited by15 opinions
- McKee v. DoddCalifornia Supreme Court · 1908
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- Larson v. First National Bank of PenderNebraska Supreme Court · 1902
- Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900
- United States v. BiselMontana Supreme Court · 1888
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