Legal Opinion

Gehlert v. Quinn

Montana Supreme Court

Decided December 12, 1908No. 2,555PublishedCited by 4 opinions

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by H. M. Geblert against John J. Quinn. Judgment, for plaintiff, and defendant appeals from it and an order denying him a new trial.

1Opinion of the CourtJustice Smith

The opinion of the court on a former appeal of this case is found in 35 Mont. 451, 119 Am. St. Rep. 864, 90 Pac. 168. The cause has been retried in the district court of Silver Bow county. Plaintiff had a verdict and judgment, and defendant appeals from that judgment, and also from an order denying a new trial.

On the twenty-eighth day of October, 1907, the day preceding the date set for the second trial, John M. Barber filed an affidavit in the cause, wherein he alleged as follows: ‘ ‘ That he is the real party in interest as defendant in the above-entitled action; that the said John J. Quinn…

2Cases cited2 opinions

  1. Gehlert v. QuinnMontana Supreme Court · 1907
  2. City of Philipsburg v. DegenhartMontana Supreme Court · 1904

3Cited by4 opinions

  1. State ex rel. Houston v. District CourtMontana Supreme Court · 1921
  2. Erickson v. AndersonMontana Supreme Court · 1926
  3. State ex rel. Warren v. Sixth Judicial District Court of the State of NevadaNevada Supreme Court · 1936
  4. Warren Ex Rel. v. Dist. Ct.Nevada Supreme Court · 1936

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