Poe v. Sheridan County
Montana Supreme Court
Appeal from District Court, Sheridan County; F. N. Utter, Judge. Suit by Clinton J. Poe against Sheridan Connty, the Board' of Connty Commissioners, and others. From a judgment of dismissal, plaintiff appeals. Want of legal capacity to sue refers to a general legal disability, such as infancy, idiocy, lunacy or want of title in the plaintiff to the character in which he sues.
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Appeal from District Court, Sheridan County; F. N. Utter, Judge. Suit by Clinton J. Poe against Sheridan Connty, the Board' of Connty Commissioners, and others. From a judgment of dismissal, plaintiff appeals. Want of legal capacity to sue refers to a general legal disability, such as infancy, idiocy, lunacy or want of title in the plaintiff to the character in which he sues. Therefore when the plaintiff is a natural person under no legal disability to maintain action, and, in this case such does not appear upon the face of the complaint, a demurrer on the ground of want of capacity to sue is…
1Opinion of the CourtJustice Sanner
At the election held November 3, 1914, the towns of Plenty-wood and Medicine Lake were presented to the electors of Sheridan county as candidates for permanent county seat, and upon the returns as canvassed by the board of commissioners, it was, on November 9, 1914, declared that Plentywood had prevailed by a majority of 46 votes. Thereafter, and on February 13, 1915, the appellant, an elector and taxpayer of said county and a resident of Medicine Lake, filed his complaint, naming as defendants the county of Sheridan, its board of commissioners, the individuals composing said board, and the…
2Cases cited31 opinions
- Dickey v. ReedIllinois Supreme Court · 1875
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- Chumasero v. PottsMontana Supreme Court · 1875
- Marsden v. HarlockerOregon Supreme Court · 1906
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
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3Cited by17 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Hill v. RaeMontana Supreme Court · 1916
- Asplund v. HannettNew Mexico Supreme Court · 1926
- Sawyer Stores, Inc. v. MitchellMontana Supreme Court · 1936
- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
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