Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 19
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...admit, in this particular connection, that the judgment would be valid as to such persons in their representative capacities as receivers, if the Union Pacific System was not bound therein as as party. Under the phrase "Union Pacific System" the railroads constituting said system would not be bound by the judgment. Appellants ask us to consider the summons'. But, this we cannot do. /Vhatever defects there are in the summons and the return thereon, they were waived when the defendants appeared and demurred to the original complaint. The objection that the complaint does not support the judgment is untenable. The first count is for a breach of contract. It is sutficient to support the judgment. The second count sounds, in one view of it, in conversion; and appellants insist that it does not state a cause of action, because it fails to aver any ownership of the calves in plaintiif. It, however, expressly alleges a contract between the plaintiff and appellants for the transportation of the calves, and a breach thereof. It may be defective or ambiguous, but not radically so. The third count is also suflicient. We cannot consider the answer tendered on the motion to set aside the default. The judgment is afiirmed, and appellants must pay the costs of this appeal. The cause is remanded, however, with directions to the lower court to strike from the judgment the language making the Union Pacific System a party thereto. HUNT, J.. concurs. PEMBERTON, C. J., not sitting. MONTANA MINING CO., RESPONDENT, v. ST. LOUIS MINING & MILLING CO. ET AL., APPELLANTS. Submitted March 1, 1897._ Decided March 22, 1897. Injunction Bond---Partz'es---PZeading--Jurisdicti0n. ACTION ON INJUNCTION BOND.---In an action for debt on an injunction bond...
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