Barger v. Halford
Montana Supreme Court
Appeal from, Fifth Judicial District, Jefferson County. Judgment in replevin was rendered for plaintiff below by Galbraith, J. Statement of facts, prepared by the judge delivering the opinion. It appears from the pleadings that plaintiff was a married woman. On July 8, 1889, she filed in the proper office a declaration of her intention to do business as a sole trader. The law is found in sections 1433-1438, division 5, Compiled Statutes.
Read the full summary
Appeal from, Fifth Judicial District, Jefferson County. Judgment in replevin was rendered for plaintiff below by Galbraith, J. Statement of facts, prepared by the judge delivering the opinion. It appears from the pleadings that plaintiff was a married woman. On July 8, 1889, she filed in the proper office a declaration of her intention to do business as a sole trader. The law is found in sections 1433-1438, division 5, Compiled Statutes. On October 16, 1889, plaintiff was the owner and in possession of certain personal property, described by schedule. Defendant, sheriff of Jefferson County,…
1Opinion of the CourtDe Witt, J.
The evidence in the statement on appeal is objected to as a transcript of the stenographer’s notes by question and answer, and no reason is given why it is in that condition. Such a record we will not consider. (Newell v. Meyendorff, 9 Mont. 254; 18 Am. St. Rep. 746, and cases there collated.) The findings will therefore be presumed to be supported by the evidence. Whether the Married Woman’s Emancipation Act, March 3, 1887, does away with the necessity for her to comply with the Sole Trader’s or Separate Property Act, we are not now called upon to decide. This plaintiff did avail herself of…
2Cases cited2 opinions
- Newell v. MeyendorffMontana Supreme Court · 1890
- Shed v. BlakelyMontana Supreme Court · 1886
3Cited by2 opinions
- Authier v. Bennett Bros.Montana Supreme Court · 1895
- Rodoni v. LytleMontana Supreme Court · 1893