Legal Opinion

Harrington v. Butte & Boston Mining Co.

Montana Supreme Court

Decided June 9, 1902No. 1,391PublishedCited by 19 opinions

Appeal from District Court, Silver Bow County; Theo. Brantly, Judge. ActioN by Phil. J. Harrington against the Butte & Boston Mining Company, impleaded with John A. Leggat. There was judgment for plaintiff, and from an order granting a new trial planitiff appeals.

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Appeal from District Court, Silver Bow County; Theo. Brantly, Judge. ActioN by Phil. J. Harrington against the Butte & Boston Mining Company, impleaded with John A. Leggat. There was judgment for plaintiff, and from an order granting a new trial planitiff appeals. In the statement on motion for new trial when the insufficiency of the evidence to sustain the verdict is relied upon, them the particulars in which the evidence was insufficient to justify •the verdict must be set forth; generalizations and conclusions will not bring up the matter for review, either in the trial or supreme court.…

1Opinion of the Court

THE HONORABLE IIENBT C. SMITH,

one of the District Judges of the Eirst Judicial District, sitting in the place of the Chief Justice, delivered the opinion of the court.

This action is brought to recover judgment upon a bank check. There was a verdict and judgment for the plaintiff. A motion for a new! trial was granted, and the plaintiff appeals therefrom. This is the second appeal of the casei (See Harrington v. Butte & Boston Mining Co., 19 Mont. 411, 48 Pac. 758.)

The order granting a new, trial is general in terms, simply sustaining the defendant’s motion; and, while the opinion of the trial…

2Cases cited5 opinions

  1. Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
  2. Patten v. HydeMontana Supreme Court · 1899
  3. Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
  4. Rossiter v. LoeberMontana Supreme Court · 1896
  5. Thamling v. DuffeyMontana Supreme Court · 1894

3Cited by19 opinions

  1. State v. SchoenbornMontana Supreme Court · 1919
  2. Williams v. ThomasMontana Supreme Court · 1920
  3. Bank of Commerce v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1920
  4. Fournier v. CoudertMontana Supreme Court · 1906
  5. Nissen v. Western Construction Equipment Co.Montana Supreme Court · 1958

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