Brown v. Daly
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by Frank G-. and Sadie J. Brown against Margaret Daly, executrix of tbe estate of Marcus Daly, deceased. Judgment for defendant. Plaintiffs appeal. Any objections that might have been urged by defendant because of the introduction of a new cause of action in the amended complaint were waived.
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Appeal from District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by Frank G-. and Sadie J. Brown against Margaret Daly, executrix of tbe estate of Marcus Daly, deceased. Judgment for defendant. Plaintiffs appeal. Any objections that might have been urged by defendant because of the introduction of a new cause of action in the amended complaint were waived. (1 Eney. of PI. & Pr., p. 571; Wheeler v. West, 78 Cal. 95, 20 Pae. 45; King v. Rea, 13 Colo. 69, 21 Pae. 1084; Wade v. dark, 52 Iowa, 158, 35 Am. Rep. 262, 2 N. W. 1039; Hancock v. Johnson, 1 Met. (Ky.) 242; Wilson v.…
1Opinion of the CourtJustice Holloway
On October 5, 1901, Frank G. Brown and Sadie J. Brown each presented to the executrix of the estate of Marcus Daly, deceased, a claim, duly verified, for the sum of $5,775.00. Each of the claims was in substantially the same form, that of Frank G. Brown being as follows:
“Estate of Marcus Daly, Deceased, to Frank G. Brown, Dr.
“To (%) one-half interest of balance due for certain real estate and water rights sold to Marcus Daly, deceased, as per agreement made and entered into on the 1st day of November, 1897, and that thereafter deed was duly made and executed by *526Frank G. Brown and Sadie J.…
2Cited by13 opinions
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