Woods v. Berry
Montana Supreme Court
Appeal from District Court, Missoula County. This is an action of conversion. The complaint contains no ad damnum clause. The allegation of the value of the property is by way of recital, and any objection to any evidence as to damages, made by defendant on the trial, is sufficient for reversal of this cause. See 2 Es-tee’s Pleadings, 2d ed., p. 70, and authorities there cited as to nature of action.
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Appeal from District Court, Missoula County. This is an action of conversion. The complaint contains no ad damnum clause. The allegation of the value of the property is by way of recital, and any objection to any evidence as to damages, made by defendant on the trial, is sufficient for reversal of this cause. See 2 Es-tee’s Pleadings, 2d ed., p. 70, and authorities there cited as to nature of action. The sale, regardless of the question of good faith, is void under sections 169 and 170 of the statute of frauds. The stock of goods, etc., were left in the same house, and in charge of the…
1Opinion of the Court
The opinion states the facts.
Bach, J.
This is an action of claim and delivery. The defendant, who was sheriff of Missoula County, in answer to the complaint, admits taking the property; and he seeks to justify the taking by alleging that he seized the property under and by virtue of certain writs of execution issued upon judgments in favor of several different parties plaintiff, and against Savage & Reed, defendants; that Savage & Reed were plaintiff’s vendors; and that the sale between Savage & Reed and the' plaintiff was made without any consideration whatever, and was so made for the…
2Cases cited9 opinions
- Beaver v. TaylorSupreme Court of the United States · 1876
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Walsh v. . KellyNew York Court of Appeals · 1869
- Griswold v. BoleyMontana Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Culbertson Ferry Co. v. District CourtMontana Supreme Court · 1914
- Parrin v. Montana Central Railway Co.Montana Supreme Court · 1899
- State v. MasonMontana Supreme Court · 1896