Woods v. Latta
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Lizzie Woods against W. C. Latta. Judgment for plaintiff. Defendant appeals from the judgment and an order denying him a new trial. The plaintiff was required to recover upon the strength of her own title, and it was not necessary that the defendant should prove his contention by a preponderance of the evidence.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Lizzie Woods against W. C. Latta. Judgment for plaintiff. Defendant appeals from the judgment and an order denying him a new trial. The plaintiff was required to recover upon the strength of her own title, and it was not necessary that the defendant should prove his contention by a preponderance of the evidence. Instruction No. 12, being erroneous and the error apparent, prejudice is presumed and the case should be reversed. (State v. Mason, 24 Mont. 340, 346, 61 Pac. 861; Parrin v. Montana Gent. By. Go., 22 Mont.…
1Opinion of the CourtJustice Smith
This is an action of replevin, or claim and delivery, commenced in the district court of Gallatin county on August 19, 1905. By her complaint the plaintiff claimed to be the owner and entitled to the possession of one diamond stud of the value of $250, one diamond ring of the value of $250, and one pair of diamond cuff buttons of the value of $100. In addition to the usual delivery prayer in actions of this nature, the plaintiff asked damages in the sum of $200 for the detention of said property by the defendant.
The defendant by his answer admitted the alleged value of the stud and ring, but…
2Cases cited9 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Scott v. WoodCalifornia Supreme Court · 1889
- Rapp v. Sarpy CountyNebraska Supreme Court · 1904
- State v. JonesMontana Supreme Court · 1905
- Gallick v. BordeauxMontana Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Lyon v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1915
- Gates v. PowellMontana Supreme Court · 1926
- State Ex Rel. Olsen v. SundlingMontana Supreme Court · 1955
- Viers v. WebbMontana Supreme Court · 1926
6 more not listed; retrieve them via the Exa API.