Bennett v. Meeker
Montana Supreme Court
!Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by George Bennett against Vina Meeker. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
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!Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by George Bennett against Vina Meeker. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Citing: Harpending v. Meyer, 55 Cal. 555; Havird v. Lung, 19 Idaho, 790, 115 Pac. 930; Yore v. Murphy, 18 Mont. 342, 45 Pae. 217; Dee v. Hyland, 3 Utah, 308, 3 Pae. 388; Leavitt v. Shook, .47 Or. 239, 83 Pac. 391. The statute of limitations does not begin to run against a party where through no fault of his own he does not obtain knowledge of the facts which constitute his cause of action, and the…
1Opinion of the Court
MR. COMMISSIONER JACKSON
prepared the opinion for the court.
Thisús an action in claim and delivery to recover the possession of a cow and increase two calves. The cause was first tried to a justice of the peace and judgment rendered for plaintiff. Upon appeal a trial was had in the district court, a jury being waived by both parties. Judgment was duly given and entered for the plaintiff. From the judgment and the order denying a motion for a new trial defendant appeals.
There is no conflict in the evidence. It appears that in the [1] fall of 1914, the cow strayed from plaintiff, and came, along…
2Cases cited9 opinions
- Spreckels v. SpreckelsCalifornia Supreme Court · 1916
- American Tobacco Co. v. People's Tobacco Co.Court of Appeals for the Fifth Circuit · 1913
- Runyon v. SnellIndiana Supreme Court · 1888
- Havird v. LungIdaho Supreme Court · 1911
- Woods v. LattaMontana Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- State Ex Rel. Nagle v. the Leader Co.Montana Supreme Court · 1934
- Opp v. BoggsMontana Supreme Court · 1948
- Wibaux Improvement Co. v. BreitenfeldtMontana Supreme Court · 1923
- Viers v. WebbMontana Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.