Kleinschmidt v. Binzel
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Ejectment. Judgment on the pleadings was rendered for the plaintiff below by Hunt, J; Statement of the case by Mr. Justice Harwood: There is but one question involved in this appeal, namely, what effect ought to be given to plaintiff’s plea of former adjudication, set up in bar of defendant’s cross-complaint interposed in this action? Respondent contends that by order of the court sustaining a demurrer to a…
Read the full summary
Appeal from First Judicial District, Lewis and Clarice County. Ejectment. Judgment on the pleadings was rendered for the plaintiff below by Hunt, J; Statement of the case by Mr. Justice Harwood: There is but one question involved in this appeal, namely, what effect ought to be given to plaintiff’s plea of former adjudication, set up in bar of defendant’s cross-complaint interposed in this action? Respondent contends that by order of the court sustaining a demurrer to a complaint in an action formerly instituted by this defendant, and no further proceedings having been taken to avoid or…
1Opinion of the CourtHarwood, J.
Defendant having alleged in his cross-complaint those contracts and transactions concerning the land in controversy, shown in the above statement of the case, demanding affirmative relief, plaintiff set up in bar thereof the com*52plaint of defendant in an action which he commenced in 1883; wherein he alleged substantially the same facts, and demanded substantially the same relief, as in'his cross-complaint in the present action. To which complaint in the defendant’s action in 1883 demurrer was interposed and sustained, and no further action was taken therein. And the plaintiff here, who was one…
2Cases cited15 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Hughes v. United StatesSupreme Court of the United States · 1866
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. SmithMontana Supreme Court · 1921
- Walsh v. WallaceNevada Supreme Court · 1902
- Dunseth v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Hutchings v. ZumbrunnSupreme Court of Oklahoma · 1922
- Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.