Leggat v. Palmer
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Alexander Leggat, administrator of John A. Leggat, deceased, against C. H. Palmer and another. From a judgment for plaintiff, defendant C. H. Palmer appeals.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Alexander Leggat, administrator of John A. Leggat, deceased, against C. H. Palmer and another. From a judgment for plaintiff, defendant C. H. Palmer appeals. It is universally the law that even in the liberal Code states, the rule allowing amendments to pleadings does not go so far as to allow the party to discard the cause of action with which he commenced his proceedings, and to substitute a new and different cause of action. It is held that the court may, at the trial, or before the ease is submitted, allow an…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff, as administrator of the estate of John A. Leggat, deceased, to recover moneys alleged to have been received by defendants as interest upon the sum of $4,000, deposited with them by the said Leggat during his lifetime, to indemnify them against loss as his sureties upon a supersedeas bond. The purpose of the bond was to secure a stay of execution upon a judgment for the plaintiff on the first of the several appeals in the case of Harrington v. Butte & Boston Min. Co. et al., upon the last of which a judgment in favor of plaintiff was affirmed by this court…
2Cases cited13 opinions
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Hershfield & Bro. v. AikenMontana Supreme Court · 1880
- Borden v. LynchMontana Supreme Court · 1906
- Hunsaker v. SturgisCalifornia Supreme Court · 1865
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- Berthelote v. Loy Oil Co.Montana Supreme Court · 1933
- Blackwelder v. Fergus Motor Co.Montana Supreme Court · 1927
- Williard v. CampbellMontana Supreme Court · 1932
- Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.