Maroney v. Dyll

THE HONORABLE C. B. ELWELL, District Judge, sitting in place of MR. JUSTICE ANGSTMAN,

delivered the Opinion of the Court.

This is an appeal by the plaintiffs from an order of the district court of the first judicial district of the State of Montana denying to the plaintiffs their claim to a public road over the premises of the defendant, Charles Dyll.

In the beginning, and during the trial of the case, it was difficult to determine on which of the three theories the plaintiffs were relying, or if in fact they were not relying on all three theories. The three theories would be a right of way by…