Montana labor news., 1945-06-21
Decisions of the Montana
Supreme Court

June l4th-In the Matter of the
Estate of John Watts Appealed from
Ravalli County, Hamilton Opinion OF
he court prepared by Justice Hugh r.
Adair. Justice Albert H. Angstman dis
sented.
HELD: John H. Watts. now deceased,
wrote a letter containing the following
language well ida if anything Happen
to me you Will Find all my Bisnes Fix
and in the Citszen Bank Still looks like
Rain made ida over everything" In the
safety deposit box in the bank were
found an undelivered warranty deed to
the farm and an undelivered bill of sale
Of certain personal property Both deed
and bill OF sale were in favor Of Ida
Choate. The deed bill Of sale and letter
we're admitted as holographic will On
appeal the Supreme Court held that the
acts of the deceased did not constitute
the making of holographic will and
the order admitting the will was re-
versed.
June 15th-Diana Hogevon vs.. S T.
Hogevon Appealed from Silver Bow
County, Butte. Unanimous opinion OF
the court prepared by Chief Justice How
ard A Johnson.
HELD: Defendant S. T. Hogevoll exc
cuted two promissory notes and gave
two mortgages to Diana Hogevoll while
both were in California The property
involved in the mortgages Is in Montana
Diana HogevoI brought suit in Montana
and the district court awarded judgment
of foreclosure to plaintiff The main
question on appeal was whether the
statutes Of limitations of California ap-
piled so as to bar the action. The Su-
peme Court held that since the cau.e Of
action involved the title to or possession
to real property situate in Montana, the
action is governed by Montana statutes
of limitations which do not bar the
action. The judgments were affirmed.
June l6th-James G. Couse and Alex
ander Leggat VS. Val C Dietz Appealed
from Madison County Virginia City.
Unanimous opinion Of the court prepared
by Justice Edwin K Cheadle
HELD: Plaintiffs sued to recover an
account running from 1880 to 1889 for
room rent, hotel services, money ad-
yanced and miscellaneous charges. Judg-
ment in the district court was for the
plaintiffs The Supreme Court modified
the judgment, holding it to be error
upon the trial to admit evidence OF items
accruing prior to May l, 1886, Items
prior to that date being pared by the
statute of limitations (9O9O), pleaded by
defendant.
June l6th-Vic Westergard VS.. Herman
Peterson and Leona Westergard VS.. Her
man Peterson Appealed from Beaver
head County, Dillon Unanimous opin-
ion Of the court prepared by Justice AL
bert H. Angstman.
HELD: Vic and Leona Westergard
We're injured in an automobile accident
They were the guests Of Herman peter
son who was driving the car They sued
Peterson alleging negligence in the driv-
ing of the car The district court di-
rected a verdict for the defendant. The
Supreme Court reversed the Judgment
and hid that the evidence was sufficient
as required by the guest statutes to go
to the jury.
Notice
Due to the continued shortage Of paper
and stenographic help, the order of June
9, 1916, again making paragraph Of
Rule II effective on August /, 1945, has
been rescinded by the Court. Therefore
until further order only four copies of
typewritten transcripts, briefs and other
papers will be required
Prepared and released by Peter Meloy,
marshal, Supreme Court of Montana.