Wilburn v. Wagner
Montana Supreme Court
Appeals from District Court, Ravalli County; Asa L. Duncan, Judge. Action by Lucy Wilburn against John J. Wagner and others. Defendants had judgment. Plaintiff appeals from it and an order denying her a new trial. This court does not sit as a court of error to review; it tries the issues de novo.
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Appeals from District Court, Ravalli County; Asa L. Duncan, Judge. Action by Lucy Wilburn against John J. Wagner and others. Defendants had judgment. Plaintiff appeals from it and an order denying her a new trial. This court does not sit as a court of error to review; it tries the issues de novo. As Judge Lamm of Missouri so well said: A' ease in equity on appeal is heard de novo, “barring a certain preference allowed by the upper to the lower court in weighing oral testimony and tagging it with a certain credit value.” (Troll v. Spencer, 238 Mo. 81, Ann. Cas. 1913A, 276, 141 S. W. 855.) The…
1Opinion of the Court
MR. 'JUSTICE COOPER
delivered the opinion of the court.
Lucy Wilburn brought this action in the district court of Ravalli county to enforce specific performance of an ante-nuptial oral agreement alleged to have been made between Joseph Wagner and her mother at a time the pleader was unable to fix.
The complaint alleges that Joseph Wagner expressly agreed, in consideration that plaintiff’s mother would marry him and allow him to adopt the plaintiff as his own child and change her name from Lucy Lamaster to Lucy Wagner, and to have the care, custody, direction, companionship, love and devotion of…
2Cases cited12 opinions
- Purcell v. MinerSupreme Court of the United States · 1867
- Semmes v. WorthingtonCourt of Appeals of Maryland · 1873
- Monsen v. MonsenCalifornia Supreme Court · 1916
- Wales v. HoldenSupreme Court of Missouri · 1908
- Baumann v. KusianCalifornia Supreme Court · 1913
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3Cited by7 opinions
- Shaw v. McNamara & Marlow, Inc.Montana Supreme Court · 1929
- Rowe v. EggumMontana Supreme Court · 1938
- Stanton v. Occidental Life InsuranceMontana Supreme Court · 1927
- Templeton v. WilliardMontana Supreme Court · 1928
- Hughes v. MelbyMontana Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.