Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 20

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 20

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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: ...The judgment is reversed, and the cause is remanded, with directions to grant to the defendant a new trial. Reversed and Remanded. JAMES F. VOGT, APPELLANT, v. H. BALDWIN, SHERIFF, RESPONDENT. Submitted October 26, 1897. Decided November 22, 1397. 1. Although the declarations of an assignor made subsequent to the assignment may not be admissible for the purpose of showing fraud, still upon cross-examination he may, for the purpose of impeachment, be asked if he had not made certain specific declarations relating to the purpose for which the assignment was made. 2. A specification of error in a statement of the case on motion for new trial, is sulficient, when it calls the attention of the court to the ruling complained oi'. Appeal from District Court, Flathead county; Charles W. Pomeroy, Judge. CLAIM AND DELIVERY by James F. Vogt, assignee of Allen B. Johnston, against H. H. Baldwin, sheriff of Flathead county. From an order granting defendant's motion for new trial after a verdict for plaintiif, plaintiff appeals. Afiirmed. Statement of the case by the justice delivering the opinion. This is an action in claim and delivery of certain personal property, consisting of a stock of merchandise described in the complaint. The plaintiff is the assignee of one Allen B. Johnston. The defendant is the sheriff of Flathead county. It appears from the record that on the 21st day of February, 1895, Allen B. Johnston made an assignment of the personal property in question to the plaintiff for the benefit of creditors. On the following day the plaintiff, as such assignee, took possession of the stock of merchandise in question. On the 6th day of March following. the defendant, as sherifl' of Flathead county, levied several writ-s more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236776798
  • 9781236776792