Cotter v. Butte & Ruby Valley Smelting Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy. Judge. Action by George II. Cotter against tlie Bntte & Rnby Valley Smelting Company. From an order granting plaintiff a new trial, tlie defendant appeals.
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Appeal from District Court, Silver Bow County; William Clancy. Judge. Action by George II. Cotter against tlie Bntte & Rnby Valley Smelting Company. From an order granting plaintiff a new trial, tlie defendant appeals. As a proposition of law, appellant maintains that the instructions must be considered as a whole, and if contradictory instructions are to be found, some of which state the law and some of which do not, then those instructions which set forth the law correctly are to be considered as the law of the case, and a verdict brought in in accordance therewith cannot be Said to be…
1Opinion of the Court
MB. COMMISSIONEB OLAYBEBGr
prepared the following opinion for the court:
This is an appeal by defendant from an order granting plaintiff a new trial.
Plaintiff filed a complaint in which he sought to recover upon five separately stated causes of action. The defendant answered the first cause of action, and allowed judgment to be taken against it on the other four. Plaintiff replied to this answer by way of general denial. By these pleadings an issue was formed, which was tried before a jury, and a verdict was rendered for *132defendant Plaintiff moved for a new trial, which was also granted.
The…
2Cases cited10 opinions
- Mitchell v. BeckmanCalifornia Supreme Court · 1883
- Murray v. HeinzeMontana Supreme Court · 1895
- Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
- Childs v. PtomeyMontana Supreme Court · 1896
- Cartwright v. DickinsonTennessee Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- Thisted v. Tower Management CorporationMontana Supreme Court · 1966
- Shipler v. Potomac Copper Co.Montana Supreme Court · 1923
- Henningsen v. StrombergMontana Supreme Court · 1950
- Gallatin County Farmers' Alliance v. FlanneryMontana Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.