Hassan v. Earll
Montana Supreme Court
Appeals from District Court, Cascade County; John J. Greene, Judge Action by Abram Hassan against John T. Earll, Sr. From a judgment of dismissal and an order denying a new trial, plaintiff appeals. While not specifically so found by the trial judge, the fair deduction from the findings is that the court took the view that even though the money was received by respondent without lawful authority, the appellant may not recover it in this action.
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Appeals from District Court, Cascade County; John J. Greene, Judge Action by Abram Hassan against John T. Earll, Sr. From a judgment of dismissal and an order denying a new trial, plaintiff appeals. While not specifically so found by the trial judge, the fair deduction from the findings is that the court took the view that even though the money was received by respondent without lawful authority, the appellant may not recover it in this action. Such is clearly not the law, and the judgment should have been for the appellant. The right of the depositor to recover his deposit, unlawfully…
1Opinion of the CourtJustice Holloway
On October 25, 1918, the county attorney of Cascade county filed with John T. E'arll, Sr., justice of the peace at Great Falls, a complaint, charging Abram Hassan with the commission of a felony. On the same day a warrant was issued and served, the accused brought into court and arraigned, his plea of not guilty entered, and he was thereupon released from custody upon depositing with the justice of the peace $1,000 in lieu of bail. Hassan did not waive a preliminary examination, nothing was said about such examination, and no time was fixed for his appearance in court again; in fact, nothing…
2Cases cited5 opinions
- State v. LagoniMontana Supreme Court · 1904
- Belt v. SpauldingOregon Supreme Court · 1888
- State ex rel. Gleim v. EvansMontana Supreme Court · 1893
- State v. DorrWest Virginia Supreme Court · 1906
- United States v. BacklandU.S. Circuit Court for the District of South Carolina · 1887
3Cited by3 opinions
- State v. OwensNorth Dakota Supreme Court · 1997
- Boehm v. BergerNorth Dakota Supreme Court · 1997
- State v. RosenbergWisconsin Supreme Court · 1935