Sawyer v. Robertson
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Action for conversion. Judgment by default was taken against the defendant below. The action brought by the plaintiff is an action sounding in tort for damage and not on a contract, expressed or implied.
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Appeal from Ninth Judicial District, Gallatin County. Action for conversion. Judgment by default was taken against the defendant below. The action brought by the plaintiff is an action sounding in tort for damage and not on a contract, expressed or implied. The alias summons states the cause and general nature of the action as follows: “ The said action is brought to recover the sum of one hundred and fifty dollars, the value of thirty tons of ice belonging to said plaintiff, and taken and disposed of by the defendant on or about the twelfth day of May, A. D. 1890, at the city of Bozeman,…
1Opinion of the CourtHarwood, J.
This is an action for damages for the alleged wrongful taking and conversion of personal property.
The points insisted upon by appellant in this appeal are that the summons issued and served upon him in this action is defective on the grounds set forth in the motion to quash, hereinafter referred to, and that the complaint does not state facts sufficient to constitute a cause of action.
The action was brought in the District Court within and for Gallatin County, and the plaintiff alleged, as the facts constituting his cause of action, (1) that “ on the eighth day of May, *4191890, plaintiff…
2Cases cited6 opinions
- Lyman v. MiltonCalifornia Supreme Court · 1872
- Odell v. CampbellOregon Supreme Court · 1881
- Ward v. WardCalifornia Supreme Court · 1881
- Smith v. ForceSupreme Court of Minnesota · 1883
- Sweeney v. SchultesNevada Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Sharman v. HuotMontana Supreme Court · 1898
- Grover v. HinesMontana Supreme Court · 1923
- Babcock v. CaldwellMontana Supreme Court · 1899
- Sanford v. EdwardsMontana Supreme Court · 1896
13 more not listed; retrieve them via the Exa API.