JOHNSON v. GREEN

No. 11466.

456 P.2d 290 (1969)

Charles G. JOHNSON and Eunice Johnson, Plaintiffs and Appellants, v. Earl J. GREEN, Defendant and Respondent.

Supreme Court of Montana.

July 1, 1969.


Attorney(s) appearing for the Case

Knight, Dahood & Mackay, Anaconda, Wade J. Dahood (argued), Anaconda, for appellants.

Maffei & Harrington, Butte, Maurice A. Maffei (argued), Butte, for respondent.


CASTLES, Justice.

Involved is an attack on a jury verdict and the resulting judgment for defendant Earl J. Green, on the basis of the absence of the presiding judge and an affidavit of all twelve jurors certifying that "If the Presiding Judge had been available to answer our questions we certify that the verdict would have been different * * *".

Plaintiffs, Charles G. Johnson and Eunice Johnson, allegedly rented a building in Anaconda to defendant from February...

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