Gans v. Woolfolk
Montana Supreme Court
Appeal from,- Third District, Lewis and Ola/rke Qownty. This action was tried before Wade, J., who entered the judgment of nonsuit. A new trial must be granted. The answer admits that respondents owe the appellants $184 and interest, and judgment should have been entered for this sum. When appellants introduced the undertaking sued on, they could rest their case.
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Appeal from,- Third District, Lewis and Ola/rke Qownty. This action was tried before Wade, J., who entered the judgment of nonsuit. A new trial must be granted. The answer admits that respondents owe the appellants $184 and interest, and judgment should have been entered for this sum. When appellants introduced the undertaking sued on, they could rest their case. The judgmeht for the return of the property was admitted, and the burden of proving that the conditions had been performed devolved upon respondents. The respondents were entitled to open and close, and there could be no non-suit.…
1Opinion of the CourtBlaKE, J.
The appellants commenced an action in July, 1871, against G. J. Germaine to recover $1,868.17, and procured a writ of attachment. W. L. Steele, then the sheriff of Lewis and Clarke county, levied upon the carpet in the International Hotel, in Helena, as the property of Germaine, under the writ. H. Wyttenbach brought an action against the officer to recover the possession of the property, and delivered an undertaking, executed by the respondents, with the following condition: “ Eor the prosecution of said action for the return of the property to the defendant, if return thereof be adjudged,…
2Cases cited10 opinions
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- Sweeney v. LommeSupreme Court of the United States · 1874
- Brewster v. . SillimanNew York Court of Appeals · 1868
- Slingerland v. MorseNew York Supreme Court · 1811
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3Cited by12 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Creek v. McManusMontana Supreme Court · 1893
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
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