Legal Opinion

Chilcott v. Rea

Montana Supreme Court

Decided March 7, 1916No. 3,612PublishedCited by 9 opinions

Appeal from -District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by O. S. Chilcott against William Rea and others, copartners doing business under the firm name and style of Pryor Sheep Company. Judgment for plaintiff and defendants appeal from it and an order denying a new trial. The court erred in refusing to tax the costs of the witness? A. M. Goodrich.

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Appeal from -District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by O. S. Chilcott against William Rea and others, copartners doing business under the firm name and style of Pryor Sheep Company. Judgment for plaintiff and defendants appeal from it and an order denying a new trial. The court erred in refusing to tax the costs of the witness? A. M. Goodrich. It allowed the plaintiff fees for “hotel bill, sleeper, expenses and railroad fare” of Goodrich from Topeka, Kansas, to Billings. The witness was entitled only to his per diem of three dollars per day and mileage within the…

1Opinion of the Court

MR. JUSTICE SANNER delivered

the opinion of the court.

The questions presented by these appeals are: (1) Sufficiency of the complaint; (2) sufficiency of the evidence; (3) the propriety of certain rulings in the admission of evidence, in the giving of plaintiff’s offered instruction numbered 1, and in the refusal of defendants’ offered instructions 3, 4, 6, 7, 8 and 11; (4) the allowance of a certain item of costs.

1. The complaint alleges ownership in the plaintiff of certain land, a portion of which had been reserved for pasture and upon five acres of which he had growing 100,000 young orchard…

2Cases cited4 opinions

  1. Light v. United StatesSupreme Court of the United States · 1911
  2. Lazarus v. PhelpsSupreme Court of the United States · 1894
  3. Herrin v. SiebenMontana Supreme Court · 1912
  4. State v. PennaMontana Supreme Court · 1907

3Cited by9 opinions

  1. Thayer v. HicksMontana Supreme Court · 1990
  2. Garcia v. SumrallArizona Supreme Court · 1942
  3. Schreiner v. Deep Creek Stock Ass'nMontana Supreme Court · 1923
  4. Frostenson v. MarshallNew Mexico Supreme Court · 1919
  5. Dorman v. ErieMontana Supreme Court · 1922

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