Grogan v. Valley Trading Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Wm. L. Holloway, Judge. Action by Darius F. Grogan and another against the Valley Trading Company, Limited. ’ From a judgment in favor of plaintiffs, and from an order overruling defendant’s motion for a new trial, defendant appeals.
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Appeal from District Court, Gallatin County; Wm. L. Holloway, Judge. Action by Darius F. Grogan and another against the Valley Trading Company, Limited. ’ From a judgment in favor of plaintiffs, and from an order overruling defendant’s motion for a new trial, defendant appeals. The objection that the complaint does not support the findings or the judgment or decree, or that the findings or judgment or decree are based upon a different theory from that taken by the pleadings, may be successfully urged for the first time in the supreme court. (Gillette v. Hibbard, 3 Mont. 412, 419; Territory x.…
1Opinion of the Court
MR. COMMISSIONER BOORMAN
prepared the following opinion for the court:
This is an appeal from a judgment in favor of plaintiffs and from an order, overruling defendant’s motion for a new trial.
The complaint was filed September 8, 1900, and alleges the copartnershiii of plaintiffs; the incorporation of defendant; the continued ownership by plaintiffs since October, 1892, of lots 5 and 6, block 4, Crescent Addition in the town of Belgrade; an indebtedness of plaintiffs on April 18, 1893, to one John R. Watson, in the sum of $2,522, which included $300 plaintiffs then owed to the Belgrade…
Also in this document: Per curiam.
2Cases cited15 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Prickett v. MuckWisconsin Supreme Court · 1889
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1872
- Adair v. AdairOregon Supreme Court · 1892
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3Cited by35 opinions
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- Riley v. BlackerMontana Supreme Court · 1915
- Graham v. Dubuque Specialty Machine WorksSupreme Court of Iowa · 1908
- Hutchinson Box Board & Paper Co. v. HornCourt of Appeals for the Eighth Circuit · 1924
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