Butte Butchering Co. v. Clarke
Montana Supreme Court
Appeal from, District Court, Silver Bow County. William O. Speer, Judge. Action by the Butte Butchering Company against S. H. H. Clarke and others, receivers of the Union Pacific System. From an order denying their motion to vacate a judgment by default, defendants appeal. Statement of the case by the justice delivering the opinion. This was an action to recover the value of 84 head of calves.
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Appeal from, District Court, Silver Bow County. William O. Speer, Judge. Action by the Butte Butchering Company against S. H. H. Clarke and others, receivers of the Union Pacific System. From an order denying their motion to vacate a judgment by default, defendants appeal. Statement of the case by the justice delivering the opinion. This was an action to recover the value of 84 head of calves. In the court below respondent (plaintiff) filed a complaint, and summons was issued thereon-. Appellants (defendants) appeared and demurred to the complaint. The record on appeal' shows that the…
1Opinion of the CourtBuck, J.
At the time this appeal was argued, counsel for respondent by formal motion suggested a diminution of the record, and asked that the same be corrected by the insertion of copies of the following papers : The original complaint and defendants’ demurrer thereto, and the order overruling ■ the same; defendants’ motion to elect upon which count in its amended complaint plaintiff would stand; the order overruling said motion; and the order overruling defendants’ application to set aside the judgment. It is not necessary that this transcript on appeal should set forth the original complaint, the *310dem…
Also in this document: Concurrence.
2Cases cited2 opinions
- Raymond v. ThextonMontana Supreme Court · 1888
- Francis v. CoxCalifornia Supreme Court · 1867
3Cited by13 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
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- De Celles v. CaseyMontana Supreme Court · 1914
- Scilley v. BabcockMontana Supreme Court · 1909
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