Legal Opinion

Butte Hardware Co. v. Frank

Montana Supreme Court

Decided May 27, 1901No. 1,325PublishedCited by 11 opinions

Appeal from District Court, Silver Boiu County; John Lindsay, Judge. Suit by tlie Butte Hardware Company against Henry L. Frank and others. From a judgment in favor of defendants, plaintiff appeals.

1Opinion of the CourtJustice Milburn

This case comes before this court upon the appeal of the plaintiff from a judgment entered after the sustaining of a •demurrer to a complaint, the ground of said demurrer being that the pleading did not state facts sufficient to* constitute a •cause of action. The plaintiff elected to abide his complaint, and a judgment was entered for the defendants.

Appellant declares that the questions raised by respondents in the lower court are: First, “Does the lien of a judgment attach to an unpatented mining claim under the statutes of Montana, which provide that a judgment becomes a lien upon all the…

2Cases cited11 opinions

  1. Forbes v. GraceySupreme Court of the United States · 1877
  2. Hopkins v. NoyesMontana Supreme Court · 1883
  3. Murley v. EnnisSupreme Court of Colorado · 1874
  4. Derry v. RossSupreme Court of Colorado · 1880
  5. Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
  2. Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
  3. Whitney v. DeweyIdaho Supreme Court · 1905
  4. Wetzstein v. LargeyMontana Supreme Court · 1902
  5. Sweeney v. Montana Central Railway Co.Montana Supreme Court · 1901

6 more not listed; retrieve them via the Exa API.

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