Legal Opinion · Dissent

Holmes v. Potts

Montana Supreme Court

Decided November 25, 1957No. 9378Published

1DissentJustice Adair

I find no reversible error in this case.

I therefore dissent to the majority opinion which nullifies the jury’s verdict — sets aside the judgment entered in conformity with such verdict — sends the suit back to the district court for another trial and makes the unpaid office worker pay to her debtor employer his costs on this appeal.

Unless there was some prejudicial error committed by the court during the progress of the trial, we must assume after verdict rendered for the plaintiff that the testimony introduced by her is true. Plaintiff’s testimony presents the following facts:

Miss Doris B.…

2Cases cited41 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. Chappedelaine v. DechenauxSupreme Court of the United States · 1808
  3. Rodkinson v. HaeckerNew York Court of Appeals · 1928
  4. Wiggins v. BurkhamSupreme Court of the United States · 1870
  5. Shapiro v. Equitable Life Assurance SocietyCalifornia Court of Appeal · 1946

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