PUTERBAUGH v. ASH

No. 9892.

342 P.2d 742 (1959)

Luella PUTERBAUGH, Plaintiff and Respondent, v. William B. ASH et al., Defendants and Appellants.

Supreme Court of Montana.

Decided July 9, 1959.


Attorney(s) appearing for the Case

Horace J. Dwyer, Robert J. Boyd, Anaconda, for appellants.

Horace J. Dwyer, argued orally.

J. B. C. Knight, Wade J. Dahood, Anaconda, for respondent.

J.B.C. Knight argued orally.


CASTLES, Justice.

This is an appeal from a judgment entered on a jury verdict and from an order denying a new trial. Appellants were defendants below. Respondent was plaintiff. The appeal is brought on the judgment roll. No bill of exceptions is before us.

The complaint was in the form of a common count for money had and received upon a balance of $6,900 claimed to be due and owing by the defendants to the plaintiff.

The answer contained four affirmative...

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