Baldwin v. Silver
Montana Supreme Court
‘Appeal from District Court, Silver Bou> County; J. D. Dwyer, Judge. Action by James M. Baldwin against J. R. Silver. Judgment for plaintiff and defendant appeals. Self-serving declarations are not admissible in evidence. (Curtsing'er v. McGown (Tex. v Civ.), 149 S. W.-303; Seevers v. Cleveland Coal Co., 158 Iowa, 574, Ann. Cas. 1915D, 188, 138 N. W. 793; Fearing v. Kimball, 4 Allen (Mass.), 125, 81 Am.
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‘Appeal from District Court, Silver Bou> County; J. D. Dwyer, Judge. Action by James M. Baldwin against J. R. Silver. Judgment for plaintiff and defendant appeals. Self-serving declarations are not admissible in evidence. (Curtsing'er v. McGown (Tex. v Civ.), 149 S. W.-303; Seevers v. Cleveland Coal Co., 158 Iowa, 574, Ann. Cas. 1915D, 188, 138 N. W. 793; Fearing v. Kimball, 4 Allen (Mass.), 125, 81 Am. Dee. 690.) The important eases in support of the doctrine under discussion are collected in a note to State v. MacFarland, Ann. Cas. 1914B, 788. “When plaintiff in rebuttal is permitted to…
1Opinion of the CourtJustice Matthews
delivered the .opinion of the court.
The complaint herein sets up ten causes of action; of these nine "are based on implied contracts for the reasonable value of plaintiff’s services rendered as an attorney at law, the second being for the sum of $4.50 paid out as costs.
The defendant interposed a general denial to the second, ninth and tenth causes of action, and admitted the allegations of the eighth; as to the first, fourth and fifth, he admitted that the services were rendered, denied that the amount claimed was the reasonable value of such services or that they were rendered under an…
2Cases cited2 opinions
- Cannon v. LewisMontana Supreme Court · 1896
- O'Hanlon Co. v. JessMontana Supreme Court · 1920
3Cited by5 opinions
- Mutch & Young v. PowersMontana Supreme Court · 1922
- Fulton v. HuggansMontana Supreme Court · 1941
- Nash v. Clifton, Applegate & TooleMontana Supreme Court · 1944
- Holmes v. PottsMontana Supreme Court · 1957
- Holmes v. PottsMontana Supreme Court · 1957