Bank of Minnesota v. Hayes
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. The order was made by Hunt, J., after final judgment for plaintiff. Statement of the case by the judge delivering the opinion. This is an appeal from a special order made after final judgment. (Hayes v. District Court, ante, p. 225.) See that case for a statement of the facts. The case was then before us on a writ of certiorari.
Read the full summary
Appeal from First Judicial District, Lewis and Clarke County. The order was made by Hunt, J., after final judgment for plaintiff. Statement of the case by the judge delivering the opinion. This is an appeal from a special order made after final judgment. (Hayes v. District Court, ante, p. 225.) See that case for a statement of the facts. The case was then before us on a writ of certiorari. That writ having been dismissed, the defendant has now appealed from the order at that time complained of. The appeal, as it now comes to this court, presents the following situation: The plaintiff had…
1Opinion of the CourtDe Witt, J.
Counsel have argued in this case upon the question of offsetting one judgment against another. But we understand that the question presented is a different one. The money in this case was in court, belonging to the defendant, as the order of the court recites, with no claims of any class of third persons upon it, as far as we are informed. The plaintiff, as a judgment creditor, asked an order of the court that de*538fendant’s money in that court be applied to its (plaintiff’s) unsatisfied judgment. No rights of any third persons were concerned. The matter of the disposition of this fund was a…
2Cases cited3 opinions
- Sperling v. CalfeeMontana Supreme Court · 1888
- Turner v. FendallSupreme Court of the United States · 1801
- Ex parte FearleSupreme Court of Missouri · 1850
3Cited by4 opinions
- Isis Litigation, L.L.C. v. Svensk FilmindustriColorado Court of Appeals · 2007
- Hudson v. AMERICAN FOUNDERS LIFE INS. CO. OF DENVERSupreme Court of Colorado · 1966
- Hudson v. American Founders Life InsuranceSupreme Court of Colorado · 1966
- Hudson v. American Founders Life InsuranceSupreme Court of Colorado · 1966