Heavey v. Laden
Montana Supreme Court
Appeal from District Court, Beaverhead County; W. A. Clark, Judge. Action by Rose Heavey against Patrick Laden. Verdict for defendant. From an order granting plaintiff’s motion for,new trial, defendant appeals.
1Opinion of the CourtJustice Holloway
This action was brought to recover upon five separate causes of action. The defendant recovered a general verdict, but upon plaintiff’s motion a new trial was granted, and this appeal is from that order.
Appellant concedes that plaintiff was entitled to a new trial [1] of her second and third causes of action, but insists that a new trial of the entire case is not warranted. This court is bound by the record as it is presented, and counsel for appel*422lant cannot insist that we consider remarks made or theories exploited in the lower court, which do not appear in the record.
One ground of the…
2Cases cited2 opinions
- Fadden v. Butte Miners' Union No. 1Montana Supreme Court · 1914
- Reynolds v. JonesMontana Supreme Court · 1917
3Cited by2 opinions
- Stewart v. First National Bank & Trust Co.Montana Supreme Court · 1933
- Great Northern Railway Co. v. HatchMontana Supreme Court · 1934