Montana labor news., 1946-07-18
Montana Supreme
Court Decisions
June 4th

NOVll DONlClO1AO
June 4th
THOMAS G.. WOODWARD and
Others Us. JOHN f. PERKINS and
others. Appealed from Powell County,
Deer Lodge. Majority opinion of the
Court prepared by Justice Hugh r..
Adair. Justices Albert II. .Angstman
and c. +. Morris %dissented.
Facts: The former appeal Of this
cause was decided April Is, 1914.
Thereupon remittitur with copy OF this
courts opinion attached issued and
was filed in the District Court and
proper entry made in the judgment
docket. The Supreme Court judgment
for plaintiffs adjudging void defend
ants claim to an additional water
right and restraining them from as
sorting any claim of right based on
their cross-complaint. F%orty-nine days
later plaintiffs submitted a draft of
proposed new findings and conclu-
sions to conform with the Supreme
Courts Judgment. Defendants objected
to the proposed findings and on
illusions and moved for dismissal of
the action for the reason that more
than six months had elapsed since the
verdict. decision and final submis-
sion of the cause" subdivision 6 of
section 1919. The District Court
overruled the objections. denied the
motion to dismiss, signed new find
ings of fact and conclusions of law.
and in harmony Herewith or Deem
Der 80, 1914 filed a formal judgment.
The defendants attempted to appeal
from the order o%verruling their OBJ
jections to the proposed new findings
and conclusions. from the order deny
ing their motion to dismiss the action
and from the formal judgment Sc
filed on December 30, 1914. In this
court plaintiffs moved to dismiss the
attempted appeal.
Held: The orders complained of are
judgment entered pursuant to man
date of this court is the judgment OF
the Supreme Court and not that OF
the District Court. No appeal lies to
this court from a judgment of this
court.
June 4th
MIDLAND EMPIRE PACKING co.
VS.. YALE OIL CO, and the CARTER
OIL co. Appealed from Yellowstone
County. Billings. Unanimous opinion
of the Court prepared by Justice
Albert II. Angstman.
Facts: The plaintiff owns a slaugh
ter house in Billings and the defend
ant Yale Oil Company owned and
operated an oil refinery on adjacent
property. This suit was brought il
1914 to abate the refinery as a nuts
ance and TO damages for in
jury done to the plaintiff because O
wnoxious chemical substances permeat
ing the soil and buildings and well o
the slaughter house plant. The sui
was commenced against the Yale Oh
Company, and when the Carter OF
company DulNlldStu iiIt ItIllltIN DUH
companies were made defendants b,
an amended and supplemental com
plant. Both defendants demurret
upon the ground that there was a mis-
jOindcr of causes of action and a mis-
joinder of parties defendant. The de
murrers were sustained by the Dis
trict Court and this appeal followed.
Held: That ruling Of the Distric
Court be affirmed, that the Carte
Oil Company cannot be held for thu
damages occasioned by the prior own
ership nor can the Yale Oil Compan,
be e%njoined after il had parted will
title; that the only cause of actor
against the Yale Oil Company is 70
damages occasioned by it while i
owned the refinery: and that the onl,
cause Of action against the Carter Oh
Company is for the abatement of tn
nuisance and for damages since 1t be
came the owner.
June 4th-GUNDER EPLETVEI'
and WILLIAM FLESCH VS.. MARTI.
$. SOLBERG. Appealed from Tool
County. Shelby. Majority opinion G
the Court by Justice Hugh Il. Adail
Justice Edwin X. Cheadle %dissented
Facts: Epletveit and one Lundi
were the owners of land in Tool
County. in 1910 they made an ora
agreement with Flesch that Flesc
could Craze his livestock on tn
property 'as long as it was not sold.
The rental price was $40 per yea,
Flesch grazed his stock on the Ian
during 1910. 1871, and 1912. In Sci
TENDER l9i3 Epletveit and Lundi
agreed to sell the land to Solberg 70
a stipulated price and to deliver dee
therefor when the title to the Ian
has quieted.' Solberg deposited tn
purchase money at the bank and el
tered into possession, plowed about 7
acres and made other valuable in
provements. In the summer Of 1914
when the blowing was complete
Flesch notified Solberg that h
tFlesch) had a written eight-yea
lease beginning March 1912. On Jun
10, 1914 this lease was filed and RI
Il corded The following month sniff wa