Board of Trustees v. Whalen
Montana Supreme Court
Appeal from First Judicial District, Lewis a/nd ClarTte County. Action to determine rights of several claimants to a particular fund. Motion by defendant bank to strike out portions of the answers of its codefendants was sustained by Hunt, J. Statement of the case by the justice delivering the opinion.
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Appeal from First Judicial District, Lewis a/nd ClarTte County. Action to determine rights of several claimants to a particular fund. Motion by defendant bank to strike out portions of the answers of its codefendants was sustained by Hunt, J. Statement of the case by the justice delivering the opinion. It appears from the record in this case that on the 28th day of August, 1893, the defendants Whalen & Grant recovered judgment in the district court of Lewis and Clarke county against the plaintiff herein for the sum of $24,939.63 and costs, upon a contract theretofore entered into between…
1Opinion of the CourtPemberton, C. J.
The appellants contend that there was *14error in the action of the court in striking from their pleadings the allegations therein contained, and as set out in subdivisions a, b, and c in the statement, relative to Marlow’s having been a party to the suit of Whalen & Grant against the plaintiff in this suit, the entry of default against him, and his being estopped from claiming any interest in the moneys in dispute herein by reason of the proceedings and default therein.
This we regard as the main question involved in this appeal. We think the bank was not a necessary or proper party in the suit…
Also in this document: Concurrence.
2Cases cited8 opinions
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
- Ayres v. BensleyCalifornia Supreme Court · 1867
- Hills v. SherwoodCalifornia Supreme Court · 1874
- Lawrence v. McKenzieSupreme Court of Iowa · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Badger Lumber Co. v. ParkerSupreme Court of Kansas · 1911
- Gem State Lumber Co. v. Galion Irrigated Land Co.Idaho Supreme Court · 1935