Legal Opinion

Yank v. Bordeaux

Montana Supreme Court

Decided November 4, 1903No. 1,668PublishedCited by 1 opinion

Appeal from District Court, Silver Bow Countyj John Lindsay, Judge. AotioN by John Yank against Thomas Bordeaux, constable. From a judgment in favor of plaintiff, and from an order overruling’ a motion for a new trial, defendant appeals.

1Opinion of the Court

MR. COMMISSIONER OLAYBERG

prepared the opinion for the court.

*75There bare been two trials of tliis case in the1 court below. The first- resulted in a judgment and verdict for defendant, which was reversed by this court, and a new trial ordered. (Yank v. Bordeaux, 23 Mont. 207, 58 Pac. 42, 75 Am. St. Rep. 522.) The second trial resulted in a judgment- and verdict for plaintiff, from which, and from an order overruling' a motion for a new trial, this appeal is prosecuted.

The facts upon which this action is based are about as follows, viz.: Some ten men entered into a written contract under date of…

2Cases cited6 opinions

  1. Merchants' & Miners' National Bank v. BarnesMontana Supreme Court · 1896
  2. McCauley v. GilmerMontana Supreme Court · 1874
  3. Toombs v. HornbuckleMontana Supreme Court · 1871
  4. Yank v. BordeauxMontana Supreme Court · 1899
  5. Harris v. ShontzMontana Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hayes v. MoffattMontana Supreme Court · 1928

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