Dodge v. Jones
Montana Supreme Court
Appeal from District Court, Beaverhead County. An appeal from an order refusing a new trial brings up the whole record, and error can be assigned in such case upon the findings and judgment roll, and the court has a clear right to reverse the order. See Hanscom v. Tower,-17 Cal. 518; Walden v. Murdoch, 23 Cal. 540; 83 Am.
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Appeal from District Court, Beaverhead County. An appeal from an order refusing a new trial brings up the whole record, and error can be assigned in such case upon the findings and judgment roll, and the court has a clear right to reverse the order. See Hanscom v. Tower,-17 Cal. 518; Walden v. Murdoch, 23 Cal. 540; 83 Am. Dec. 135. We conceive the rule now to be, under our statute, in regard to the actual manual delivery of property sold, that such delivery may be accomplished by the performance of any act or acts which, clearly show that the seller has parted with the right and title to the…
1Opinion of the Court
The opinion states the case.
McConnell, C. J.
In this case, the court, sitting instead of a jury, gave judgment for defendants. A motion for a new trial was made and overruled; and from the order overruling the motion for a new trial, and the judgment, the plaintiff below appeals to this court. This is a ease of sale and delivery, under section 169, page 436, Revised Statutes of Montana.
The court made fifteen special findings: “1. Defendant Elling, ever since 1880, has been a creditor of James and Robert Kirkpatrick; 2. Defendant Elling, in October, 1885, reduced his claim against said James…
2Cases cited7 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Bailey v. OgdenNew York Supreme Court · 1808
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Brown v. WadeSupreme Court of Iowa · 1876
- Barney v. BrownSupreme Court of Vermont · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Puckett v. HopkinsMontana Supreme Court · 1922
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Taylor v. Malta Mercantile Co.Montana Supreme Court · 1913
- Webster v. ShermanMontana Supreme Court · 1906
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