Shea v. Regan
Montana Supreme Court
Appeal from District Court, Silver Bow County; B. W. Harney; Judge. ActioN by Timothy J~. Sbea against Patrick H. Regan, sheriff of Silver Bow county, and Lewis F. Huffman et at. Judgment in favor of plaintiff against Huffman. Prom' an order denying a motion for a new trial, defendant Regan appeals. STATEMENT OE THE CASE.
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Appeal from District Court, Silver Bow County; B. W. Harney; Judge. ActioN by Timothy J~. Sbea against Patrick H. Regan, sheriff of Silver Bow county, and Lewis F. Huffman et at. Judgment in favor of plaintiff against Huffman. Prom' an order denying a motion for a new trial, defendant Regan appeals. STATEMENT OE THE CASE. This action was originally brought by plaintiff, in a justice’s court of the township and county of Silver Bow, on July 1, 1898, against the defendants Patrick H. Regan, as sheriff, J. EL O'ppenheimer, A. F. Bray aud Nelson Story & Co., a co-partnership composed of Nelson…
1Opinion of the CourtChief Justice Brantly
The respondent did not file a brief in this court, nor did counsel appear for him at the hearing. The court is therefore left without assistance or suggestion from him. Counsel for appellant contends that the action is one in equity to enforce a *312lien, that the justice’s court had no jurisdiction to entertain it, and that the district court, having acquired no jurisdiction by virtue of the appeal, should not have assumed to entertain it or to render any other judgment than one of dismissal. The question presented was properly raised by the motion-for a non-suit and the request for an order…
2Cases cited1 opinion
- Missoula Electric Light Co. v. MorganMontana Supreme Court · 1893
3Cited by7 opinions
- Anderson v. Red Metal Mining Co.Montana Supreme Court · 1907
- Oppenheimer v. ReganMontana Supreme Court · 1905
- Durham v. RascoNew Mexico Supreme Court · 1924
- Bartnett v. HullCalifornia Court of Appeal · 1912
- Bates v. FerrierCalifornia Court of Appeal · 1912
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