White v. Barling
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. E. Loud, Judge. Action by William D. White and another against Fred W. Barling. Judgment for defendant, and from.0 an order granting a new trial to plaintiffs, he appeals. Statement oe the Case by the Justice Delivering the Opinion. This is an action to determine the relative rights of the parties to the use of the waters of Blue creek, a tributary of Yellowstone river.
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Appeal from District Court, Yellowstone County; C. E. Loud, Judge. Action by William D. White and another against Fred W. Barling. Judgment for defendant, and from.0 an order granting a new trial to plaintiffs, he appeals. Statement oe the Case by the Justice Delivering the Opinion. This is an action to determine the relative rights of the parties to the use of the waters of Blue creek, a tributary of Yellowstone river. Upon the trial a large number of special interrogatories were submitted to the jury and answered. These special findings were approved by the court, and a decree in conformity…
1Opinion of the CourtJustice Holloway
It must be conceded to be the rule, now firmly established in this jurisdiction, that, where a trial court has granted a motion for a new trial in° an order such as the one *415before ns, which does not specify the particular ground upon which it was granted, the action will • be approved by this court, if it was justified upon any one or more of the grounds of the motion. (Walsh v. Conrad, 35 Mont. 68, 88 Pac. 655; Fournier v. Coudert, 34 Mont. 484, 87 Pac. 455; Case v. Kramer, 34 Mont. 142, 85 Pac. 878; Gillies v. Clarke Fork Coal Min. Co., 32 Mont. 320, 80 Pac. 370; Wright v. Mathews, 28 Mont.…
2Cases cited12 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Wright v. MathewsMontana Supreme Court · 1903
- Fournier v. CoudertMontana Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Bowen v. WebbMontana Supreme Court · 1908
- Brunnabend v. TibblesMontana Supreme Court · 1926
- State v. AndersonMontana Supreme Court · 1932
- Rumping v. RumpingMontana Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.