SCHMIDT v. LLOYD

No. 11414.

447 P.2d 485 (1968)

C.R. SCHMIDT and Evelyn H. Schmigt, his wife, Appellants and Plaintiffs, v. Donald R. LLOYD and Edna C. Lloyd, his wife, Albert E. Kienas and St. Regis Paper Co., Respondents and Defendants.

Supreme Court of Montana.

Decided November 27, 1968.


Attorney(s) appearing for the Case

Keller & Farlin, Robert S. Keller (argued), Kalispell, for appellants.

Marshall H. Murray, (argued), Kalispell, J.F., Fennessy, Jr., Libby, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an appeal from the district court of Lincoln County. It appears that this cause was tried before Honorable Frank I. Haswell, sitting without a jury. Prior to rendering a decision Judge Haswell was appointed an associate justice of this court but the parties stipulated that the judge might retain jurisdiction of the cause and his decision was given on September 21, 1967.

At the trial the plaintiffs were represented...

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