Greene v. Montana Brewing Co.
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Howard S. Greene, as trustee in bankruptcy, against tbe Montana Brewing Company. Erom an order denying defendant’s motion to set aside a default and permit defendant to answer, it appeals. It was tbe duty of appellant’s counsel to keep themselves advised with respect to tbe proceedings in this case.
Read the full summary
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Howard S. Greene, as trustee in bankruptcy, against tbe Montana Brewing Company. Erom an order denying defendant’s motion to set aside a default and permit defendant to answer, it appeals. It was tbe duty of appellant’s counsel to keep themselves advised with respect to tbe proceedings in this case. They must bave known that tbe case was decided by tbe supreme court, and that a remittitur could be called for by respondent and filed with the clerk without any notice to them. It was not the duty of the clerk to inform…
1Opinion of the CourtJustice Holloway
*105On January 23, 1900, an action was commenced in tlie district court of Cascade county by Howard S. Greene, a trustee in bankruptcy, against the Montana Brewing Company, to recover the sum of $534.25. Complaint, answer, and reply were filed, the cause tried, and a judgment in favor of the plaintiff rendered, from which an appeal was taken to this court, where it was held that the complaint did not state a cause of action, and the judgment was reversed. (Greene v. Montana Brewing Co., 28 Mont. 380, 72 Pac. 751.) On August 19, 1903, the remittitur from this court was filed in the office of the…
2Cases cited11 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Melde v. ReynoldsCalifornia Supreme Court · 1900
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Grady v. DonahooCalifornia Supreme Court · 1895
- Miller v. CarrCalifornia Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Baratti v. BarattiCalifornia Court of Appeal · 1952
- Blume v. Metropolitan Life InsuranceMontana Supreme Court · 1990
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- Worstell v. DevineMontana Supreme Court · 1959
23 more not listed; retrieve them via the Exa API.