Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 47

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 47

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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. 1913 edition. Excerpt: ...up to the property or exercised any acts of ownership over it. 1 An objection by defendant was sustained, and error is predicated on the ruling. Appellant is not in a position to insist upon the specification: First, because he did not make any ofier of proof and the answer which the witness would have given is not apparent (Frederick v. Hale, 42 Mont. 153, 112 Pac. 70; Forquer v. North, 42 Mont. 272, 112 Pac. 439; Bean v. Missoula Lumber Co., 40 Mont. 31, 104 Pac. 869; Tague v. John Caplice Co., 28 Mont. 51, 72 Pac. 297); and, second, without objection the witness was afterward permitted to say, "I have not been up to Strater to that shearing plant since the execution of the bill of sale." Error in the exclusion of offered testimony 2 is cured by the subsequent admission of substantially the same evidence. (Frederick v. Hale, above; State v. Van, 44 Mont. 374, 120 Pac. 479.) 2. Plaintiff offered to prove that the bill of sale which he received from Buffington for this property was filed with the county clerk and recorder of Valley county, and that on or about July 30, 1910, he made application to an agent of an insurance company for insurance upon the property in his own name. Each of these offers was properly refused. If plaintiff had been permitted to prove the facts, he would not have been any better off. They would not have constituted, nor would they have assisted in constituting, the acts performed by plaintifi and Buffington a delivery of the possession of the property in controversy. At best they would have reflected only 3 upon the good faith of the parties to the sale, and that question is not open to investigation in an action wherein the sale is attacked solely on the ground of fraud in law, under section 6128, more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236828666
  • 9781236828668