Montana Supreme Court, 1911

First National Bank v. Smith

Montana Supreme Court · Decided December 8, 1911 · Brantly, Holloway, Smith

44 Mont. 305; 119 P. 784; 1911 Mont. LEXIS 92

Cases that cite this one

2 later published cases cite this decision.

Minneapolis Threshing Machine Co. v. Stanford Mercantile Co. (Mont. 1921)
Willoburn Ranch Co. v. Yegen (Mont. 1914)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

A similar question was determined by this court in O’Donnell v. City of Butte, ante, p. 97, 119 Pac. 281, and upon the authority of that case we hold that the general denial in [1] defendant’s answer does not raise an issue upon the question of plaintiff’s capacity to sue, and that the trial court erred in directing a verdict. The judgment and order are reversed, and the cause is remanded for a new trial.

Reversed and remanded.

Mr. Chief Justice Brantly and Mr. Justice Smith concur.

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