Kleinschmidt v. McAndrews
Montana Supreme Court
Appeal from Third District, Lewis and Clarice County. This is an action brought to recover possession of certain goods, wares and merchandise which were taken from plaintiffs’ possession by defendants; the taking being attempted to be justified under process of attachment against one N. E. Ingersoll, from whom the plaintiffs purchased, and, as they claim, acquired the possession.
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Appeal from Third District, Lewis and Clarice County. This is an action brought to recover possession of certain goods, wares and merchandise which were taken from plaintiffs’ possession by defendants; the taking being attempted to be justified under process of attachment against one N. E. Ingersoll, from whom the plaintiffs purchased, and, as they claim, acquired the possession. The questions presented by the stipulation of the parties for decision were simply these: ■ 1st. The ownership of the property in dispute, and who was entitled to possession. 2d. In whose possession the goods were…
1Opinion of the Court
• Galbraith, J.
This is an appeal from a judgment directed to be entered by the court in pursuance of its *28action in granting a motion for a non-suit. The transcript, in addition to papers constituting the judgment roll in the case, contains an “agreement” between the parties in relation to what questions should be tried; a “ stipulation ” in relation to an amendment of the ad damnum clause of the complaint, the disposition of the property, and other matters between the attorneys in the case; and also contains evidence introduced upon the trial (which was to a jury) by the plaintiff. Neither…
2Cases cited2 opinions
- Quivey v. GambertCalifornia Supreme Court · 1867
- Wetherbee v. CarrollCalifornia Supreme Court · 1867
3Cited by6 opinions
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
- Ramsey v. Cortland Cattle Co.Montana Supreme Court · 1887
- Sherman v. HigginsMontana Supreme Court · 1888
- Estate of ScottCalifornia Supreme Court · 1900
- Lalande v. McDonaldIdaho Supreme Court · 1887
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