Thornton v. Kaufman
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by W. D. Thornton, John Hopkins, and Edward Shone against Lonis Kaufman. Plaintiffs had judgment, from which, and an order denying new trial, defendant appeals. The complaint is insufficient and will not support the judgment, for the reason that it contains no allegation that the defendant’s claim became forfeited.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by W. D. Thornton, John Hopkins, and Edward Shone against Lonis Kaufman. Plaintiffs had judgment, from which, and an order denying new trial, defendant appeals. The complaint is insufficient and will not support the judgment, for the reason that it contains no allegation that the defendant’s claim became forfeited. (Benshaw v. Switzer, 6 Mont. 464, 13 Pac. 127; Wulf v. Manuel, 9 Mont. 276, 279, 286, 23 Pac. 723; Power v. Sla, 24 Mont. 243, 61 Pac. 468; Strasburger v. Beecher, 20 Mont. 143, 49 Pac. 740.) Allegations…
1Opinion of the CourtJustice Holloway
This case was heretofore before this court (Thornton v. Kaufman, 35 Mont. 181, 88 Pac. 796), and a reference to our former decision for a statement of the facts will be sufficient. Upon filing the remittitur in the district court, the plaintiffs prepared and filed an amended complaint, which cured the defects in the original complaint noticed in our former decision, and upon issues joined the cause was tried to the court without .a jury. Findings were made in favor of the plaintiffs and a decree rendered and entered quieting their title to the disputed ground. From the judgment and an order…
2Cases cited7 opinions
- Purdum v. LaddinMontana Supreme Court · 1899
- Thornton v. KaufmanMontana Supreme Court · 1907
- McKay v. McDougallMontana Supreme Court · 1901
- Temescal Oil Mining & Development Co. v. SalcidoCalifornia Supreme Court · 1902
- Butte Consolidated Mining Co. v. BarkerMontana Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anaconda Co. v. WhittakerMontana Supreme Court · 1980
- Orton v. BenderMontana Supreme Court · 1911
- Karnes v. FlintWashington Supreme Court · 1929
- Betts v. StephensonCalifornia Court of Appeal · 1950
- Featherston v. HowseDistrict Court, W.D. Arkansas · 1957
3 more not listed; retrieve them via the Exa API.