Comerford v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Gourt, Missoula County; B. Lee Mc-Culloch, Judge. Action by Agnes Comerford, Administratrix of the estate of Thomas Comerford, deceased, against the United States Fidelity & Guaranty Company. From a judgment for plaintiff defendant appeals.
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Appeal from District Gourt, Missoula County; B. Lee Mc-Culloch, Judge. Action by Agnes Comerford, Administratrix of the estate of Thomas Comerford, deceased, against the United States Fidelity & Guaranty Company. From a judgment for plaintiff defendant appeals. Equity is not a system of jurisprudence by which a judge may say “there is no law but my will and my desires,” but is simply a system of jurisprudence by which justice may be done in accordance with, and not in opposition to, these well-established principles of law: (1) That a written instrument is presumed to contain the real…
1Opinion of the CourtJustice Galen
The defendant James Kennedy Construction Company was not served with process, and the trial court denied appellant’s motion to require that company to be served with summons and made a party to the action as a necessary party to a complete determination of the controversy.
This is aiji appeal by the defendant surety company from a judgment rendered in favor of plaintiff upon a bond executed jointly by the James Kennedy Construction Company and appellant, which bond, after making recital that the plaintiff Agnes M. Comerford, as administratrix of the estate of Thomas Comerford, had recovered…
2Cases cited16 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Parchen v. ChessmanMontana Supreme Court · 1914
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Hickman v. GreenSupreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- Sullivan v. MarshMontana Supreme Court · 1950
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
- Ayers v. BuswellMontana Supreme Court · 1925
11 more not listed; retrieve them via the Exa API.