First National Bank v. Custer County
Montana Supreme Court
Appeal from District Court, Custer County. The court erred in sustaining the demurrer to the complaint. It was urged by defendant that Sheldon had no claim against Custer County, because the judge who tried the case had not certified under his hand, authenticated by the seal of the court, the amount of the costs, pursuant to section 410, page 479, Compiled Statutes of Montana. The district attorney approved the same, but not the judge.
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Appeal from District Court, Custer County. The court erred in sustaining the demurrer to the complaint. It was urged by defendant that Sheldon had no claim against Custer County, because the judge who tried the case had not certified under his hand, authenticated by the seal of the court, the amount of the costs, pursuant to section 410, page 479, Compiled Statutes of Montana. The district attorney approved the same, but not the judge. No better illustration of what to the appellant seems the unreasonable construction thus sought to be given to the statute can be found than the actual facts…
1Opinion of the CourtMcConnell, C. J.
This is an action brought to recover $117.80, witness fees, claimed by one Joseph Sheldon, for attendance as a witness for the defendant in the case of Territory of Montana against Maurice Sullivan, tried in the county of Yellowstone on change of venue from the county of Custer, on the 25th of November, 1885. Plaintiff claims to be the owner of said account by purchase from Sheldon. There was a demurrer to the complaint, which was sustained, and the plaintiff chose to abide its amended complaint, and not to further amend. The case is here upon the j udgment roll. It is averred in the demurrer…
2Cited by6 opinions
- Powder River Cattle Co. v. Commissioners of Custer CountyMontana Supreme Court · 1889
- Drainage District No. 2 v. Ada CountyIdaho Supreme Court · 1924
- State ex rel. Dolin v. MajorMontana Supreme Court · 1920
- Bridges v. Multnomah CountyOregon Supreme Court · 1919
- Cavin v. City of BrooklynNew York Court of Appeals · 1890
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