O'Brien v. Quinn
Montana Supreme Court
Appeal from, the District Court, Silver Bow Countyj Geo. M. Bourquin, Judge. Action by J. D. 0 ’Brien against J. J. Quinn, sheriff. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Section 672 of tbe Code of Civil Procedure, enumerates tbe causes of action wbieb may be united. One of tbe causes of action herein urged comes under subdivision 1 of that section and tbe other under subdivison 7 thereof, and they are not unitable.
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Appeal from, the District Court, Silver Bow Countyj Geo. M. Bourquin, Judge. Action by J. D. 0 ’Brien against J. J. Quinn, sheriff. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Section 672 of tbe Code of Civil Procedure, enumerates tbe causes of action wbieb may be united. One of tbe causes of action herein urged comes under subdivision 1 of that section and tbe other under subdivison 7 thereof, and they are not unitable. One is an action in tort and the other an action on contract, and they cannot be united. (Nelson v. Great Northern B. B., 28 Mont.…
1Opinion of the CourtJustice Holloway
court.
This action was commenced by the plaintiff, O’Brien, to recover from the sheriff of Silver Bow county the sum of $5,690 and costs.
Plaintiff alleges that on the seventeenth day of August, 1905, he was the owner and in possession of the Elite saloon, situated in Butte, together with its contents, including fixtures and stock in trade, of a value of $3,000; that on that day the defendant levied upon and attached his place of business, with its contents, including the fixtures and stock in trade, under a writ of attachment issued in an action wherein W. A. Clark & Bro. were plaintiffs, and…
2Cases cited7 opinions
- Weber v. KirkendallNebraska Supreme Court · 1895
- Briggs v. . BoydNew York Court of Appeals · 1874
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
- Cobb v. CharterSupreme Court of Connecticut · 1865
- Root v. Butte, Anaconda & Pacific Railway Co.Montana Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
- Carlson v. Stone-Ordean-Wells Co.Montana Supreme Court · 1910
- Green v. WolffMontana Supreme Court · 1962
- Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
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