Hamilton v. Monidah Trust
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Patrick J. Hamilton against the Monidah Trust, a corporation, and others. From a judgment granting defendants a new trial, plaintiff appeals.
1Opinion of the CourtJustice Smith
This is an action in ejectment brought to recover the possession of the east 10 feet of lot No. 28, in block No. 23, of the original townsite of Butte, in Silver Bow county. The jury *270returned a verdict in favor of the plaintiff, which verdict was, on defendants’ motion, set aside by the court and a new trial ordered. From the order granting a new trial, plaintiff appeals.
The ground actually in controversy is .20 of a foot in width at the southerly, or Broadway, end thereof, and runs in a northerly direction for a distance of 50.35 feet, gradually widening as it runs toward the north, until at…
2Cases cited3 opinions
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Howie v. California Brewery Co.Montana Supreme Court · 1907
- Hamilton v. MurrayMontana Supreme Court · 1903
3Cited by8 opinions
- McIntyre v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- State v. SchoenbornMontana Supreme Court · 1919
- Durocher v. MyersMontana Supreme Court · 1929
- Nissen v. Western Construction Equipment Co.Montana Supreme Court · 1958
- McAllister v. McDonaldMontana Supreme Court · 1910
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