Boyd v. Platner
Montana Supreme Court
Appeal from First District, Madison County. The demurrer confesses all of the material allegations contained in the complaint. The demurrer admits that the plaintiff in the suit of E. Creighton & Co. v. Robert Hedges et al., in the original proceeding in the probate court, was not, and is not, a corporation under the laws of the territory of Montana or elsewhere. In order to maintain an action the party plaintiff must have a legal capacity to sue.
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Appeal from First District, Madison County. The demurrer confesses all of the material allegations contained in the complaint. The demurrer admits that the plaintiff in the suit of E. Creighton & Co. v. Robert Hedges et al., in the original proceeding in the probate court, was not, and is not, a corporation under the laws of the territory of Montana or elsewhere. In order to maintain an action the party plaintiff must have a legal capacity to sue. Said original action was commenced September 5, A. D. 1870. The Code of Civil Procedure then in force (sec. 4, p. 136, 4th Sess. 1867) says: “Every…
1Opinion of the CourtG-albraith, J.
This action was brought by the appellant to ■ restrain one of the defendants, the sheriff of Madison county, from making and delivering a deed for certain real property sold by him under an execution, and also to stay further proceedings under the judgment on which the execution issued, and that the judgment itself be declared null and void. The complaint alleges, in substance, that on the 5th day of September, 1870, a certain action was begun in the probate court of Madison county, Montana territory, entitled E. Creighton & Co., plaintiffs, against Robert Hedges, James Boyd and A. S. Potter,…
2Cases cited2 opinions
- Wiebbold v. HermannMontana Supreme Court · 1877
- Nichols v. DobbinsMontana Supreme Court · 1877
3Cited by2 opinions
- Haupt v. BurtonMontana Supreme Court · 1898
- Calhoun v. F. G. Elliott Hdw. Co.Superior Court of Delaware · 1931