Legal Opinion

State ex rel. Harris v. District Court

Montana Supreme Court

Decided December 19, 1902No. 1,899PublishedCited by 15 opinions

Application- for writs of supervisory control, cerliorm'i, and mandamus by tlie state, on tlie relation of John S. Harris, as administrator of the estate of Eobert G. Ingersoll, deceased, to review the rulings of the district court of the Second judicial district of Montana for Silver Bow county, and the judge thereof, sustaining objections to the introduction o-f evidence on tlie ground that the complaint failed to state facts to constitute a cause of action, dismissing the…

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Application- for writs of supervisory control, cerliorm'i, and mandamus by tlie state, on tlie relation of John S. Harris, as administrator of the estate of Eobert G. Ingersoll, deceased, to review the rulings of the district court of the Second judicial district of Montana for Silver Bow county, and the judge thereof, sustaining objections to the introduction o-f evidence on tlie ground that the complaint failed to state facts to constitute a cause of action, dismissing the complaint, discharging the jury, and entering judgment for defendant.

1Opinion of the CourtJustice Pigott

By'the amended complaint in an action pending in the district court- of Silver Bow county, entitled “John S. Harris, as Administrator of the Estate of Robert G. Ingersoll, Deceased, *281v. Henry A. Root et al." tlie plaintiff demanded judgement for $95,000 as tbe remainder dne for professional services rendered by the decedent in his lifetime to certain of the defendants; that the debt and judgment- be declared a lien upon the interests and shares of such defendants, and that a receiver thereof be appointed. Demurrers to the complaint were filed, and after-wards withdrawn, and the defendants…

2Cases cited5 opinions

  1. Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
  2. State ex rel. Sutton v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
  3. State ex rel. Independent Publishing Co. v. SmithMontana Supreme Court · 1899
  4. State ex rel. Moore v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
  5. State ex rel. Prescott v. District Court of the Third Judicial DistrictMontana Supreme Court · 1902

3Cited by15 opinions

  1. State Ex Rel. Forsyth v. District Court of the Eleventh Judicial DistrictMontana Supreme Court · 1985
  2. State ex rel. Gravely v. StewartMontana Supreme Court · 1913
  3. State ex rel. Bonners Ferry Lumber Co. v. District CourtMontana Supreme Court · 1924
  4. State ex rel. Examining & Trial Board v. JacksonMontana Supreme Court · 1920
  5. State Ex Rel. Larsen v. District CourtMontana Supreme Court · 1927

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