Wyman v. Jensen
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by O. C. Wyman, G. H. Partridge and S. D. Coy-kenda'll, copartners, doing business linder 'the'firm name and style of of Wyman, Partridge '& Company, against Andrei? Jensen, and P. P. Atkinson,-individually and as assignee of Andrew Jensen.
Read the full summary
Appeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by O. C. Wyman, G. H. Partridge and S. D. Coy-kenda'll, copartners, doing business linder 'the'firm name and style of of Wyman, Partridge '& Company, against Andrei? Jensen, and P. P. Atkinson,-individually and as assignee of Andrew Jensen. From a judgment for plaintiffs, and from an order denying'a new'trial, defendants appeal.'' The general rule is that an objection to the equity of the plaintiff’s claim, as stated in the bill, must be taken bv demurrer. This rule, says Justice Gray of the Supreme Court of the United…
1Concurrence
Me. Justice MilbubN:
I concur.
Me. Chiee Justice BbaNtly :
I concur in the result, as well as in the method by which it is reached. Judge HeNry treats the question of the sufficiency of the complaint as arising upon the appeal from the judgment. I think this is correct, though, upon the record in this case, it makes no difference whether it be considered upon the one appeal or the other.
In a case in which the complaint wholly Jails to state a cause of action, the question of its sufficiency may be presented in this court for the first time by assignment in the brief, even though no attack has…
2Cases cited6 opinions
- Voll v. HollisCalifornia Supreme Court · 1882
- Garver v. LyndeMontana Supreme Court · 1887
- Withers v. KemperMontana Supreme Court · 1901
- Quirk v. ClarkMontana Supreme Court · 1887
- Whiteside v. LebcherMontana Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.