Hershfield & Bro. v. Aiken
Montana Supreme Court
Appeal from Second District, Deer Lodge County. This is an appeal from an order of the court below granting a new trial for insufficiency of the complaint. The facts are fully set forth in the judgment. The complaint alleges a sufficient breach of contract.
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Appeal from Second District, Deer Lodge County. This is an appeal from an order of the court below granting a new trial for insufficiency of the complaint. The facts are fully set forth in the judgment. The complaint alleges a sufficient breach of contract. As to the proper construction of the terms due and owing, see Heteltas v. Myers, 19 N. Y. 231; 7 id. 478; United States v. Dank of North Carolina, 6 Pet. 29. The court will not grant a new trial for an entirely harmless error. Hilliard on New Trials, 32, § 1, and p. 46, §§ 8, 9; Brazi&r v. Clap, 5 Mass. 10. By answering over and joining…
1Opinion of the CourtWade, C. J.
This is an appeal from an order granting a new trial. Two questions are involved in the solution of the case, viz.: First. Hoes the complaint state facts sufficient to constitute a cause of action % And, second, if not, was the defect cured by the subsequent pleadings, trial and decree rendered in the case ?
The action was instituted to foreclose a mortgage, and it be*445comes necessary, in order to properly understand the questions involved to state some of the facts in the case.
George Plaisted and 'William Nowlan were partners, and as such owned the Atlantic Cable Quartz Mill. Alexander Aiken…
2Cases cited8 opinions
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Frisch v. CalerCalifornia Supreme Court · 1862
- Keteltas v. . MyersNew York Court of Appeals · 1859
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Christiansen v. AldrichMontana Supreme Court · 1904
- Leggat v. PalmerMontana Supreme Court · 1909
- Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913
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