Legal Opinion

Rhoades v. Ness

Montana Supreme Court

Decided February 24, 1917No. 3,734PublishedCited by 1 opinion

'Appeal from District Court, Cascade County; J. B. Leslie, Judge. 'Action by B. -L. Rhoades against J. O. Ness. From an order granting defendant a new trial, plaintiff appeals.

1Opinion of the CourtJustice Sanner

[1] Appeal by plaintiff from an order granting a motion for new trial. The motion was made upon all the statutory grounds, save only that the verdict is against law, and the order sustaining it is a general one. We must therefore affirm the order if it can be justified upon any of the grounds assigned in the motion. (Reynolds v. Jones, ante, p. 251, 163 Pac. 469; Scott v. Waggoner, 48 Mont. 536, L. R. A. 1916C, 491, 139 Pac. 454.) The issue was whether there had been an account stated between the parties, and the record shows a continuous conflict of evidence upon that issue.

[2] It must be…

2Cases cited3 opinions

  1. Scott v. WaggonerMontana Supreme Court · 1914
  2. Walsh v. ConradMontana Supreme Court · 1907
  3. Reynolds v. JonesMontana Supreme Court · 1917

3Cited by1 opinion

  1. State v. AndersonMontana Supreme Court · 1932

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