SEARS v. BARKER

No. 9091.

244 P.2d 516 (1952)

SEARS v. BARKER et al.

Supreme Court of Montana.

Decided April 17, 1952.

Rehearing Denied June 2, 1952.


Attorney(s) appearing for the Case

Sherman W. Smith, Helena, for appellants.

Multz & Hanley, Helena, for appellant, on petition for rehearing only.

Castles & Luedke, Missoula, Wesley Castles and Charles Luedke, Missoula, for respondent.


METCALF, Justice.

On July 13, 1950, H.H. Barker and his wife Marion M. Barker, defendants herein, secured a judgment against Clarence A. Monaco and Francis C. Monaco. The judgment confirmed the Barker's ownership of the Western Star Bar in St. Regis and placed the Barkers in possession. Inasmuch as Mr. and Mrs. Barker were residents of Wallace, Idaho and under the Montana statutes not entitled to a license to sell beer or liquor, the court's decree provided: "It is...

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