Violet v. Martin
Montana Supreme Court
Appeal from District Court, Powell County; George B. Winston, Judge. Action by Fred T. Violet and others against John Martin. Judgment- for plaintiffs, and defendant appeals from an order denying him a new trial.
1Opinion of the Court
MR. COMMISSIONER AYERS
prepared the opinion for the court.
Plaintiffs in the trial court, respondents here, brought this action, alleging a road to exist over the lands of defendant, setting forth their cause of action in two counts: First, as a private road or way of necessity, thirty feet wide, appurtenant to their several farm lands; and, second, as a public road sixty feet wide, by reason of user and prescription. The complaint is attacked by objection to the introduction of testimony for the reason that in each instance it fails to state a cause of action. The same road, except for width,…
2Cases cited11 opinions
- Palmer v. . PalmerNew York Court of Appeals · 1896
- State v. AuchardMontana Supreme Court · 1898
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Herrin v. SiebenMontana Supreme Court · 1912
- Schulenbarger v. JohnstoneWashington Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Wareing v. SchreckendgustMontana Supreme Court · 1996
- Brannon v. Lewis & Clark CountyMontana Supreme Court · 1963
- Kostbade v. MetierMontana Supreme Court · 1967
- Maynard v. BaraMontana Supreme Court · 1934
- Peasley v. TrosperMontana Supreme Court · 1936
19 more not listed; retrieve them via the Exa API.