Schell v. Peters

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal by defendants-appellants Julius C. Peters, Mary E. Smith, Sixto Custado and Country Club Tower Corporation from an order of the District Court of the Eighth Judicial District of the State of Montana, County of Cascade, granting plaintiffs-respondents’ motion for summary judgment in an action for trespass, and leaving for determination by jury the sole question of damages.

The claim involves an apartment owned by Robert W. and Mary Ann Schell, husband and wife, as joint tenants, located in the Country Club…