FRIES v. SHAUGHNESSY

No. 12175.

496 P.2d 1159 (1972)

Arvid FRIES, Plaintiff and Appellant, v. Tom SHAUGHNESSY, Defendant and Respondent.

Supreme Court of Montana.

Decided May 12, 1972.


Attorney(s) appearing for the Case

Ellsworth A. Cragholm, submitted on briefs, Missoula, for plaintiff and appellant.

Garlington, Lohn & Robinson, Robert E. Sheridan, Jr. (argued), Missoula, for defendant and respondent.


CHARLES LUEDKE, District Judge.*

In this action the plaintiff appeals from an order of the trial judge granting defendant's motion to dismiss the complaint at the close of plaintiff's case. A counterclaim by defendant was likewise dismissed, the defendant electing to not pursue the same.

The circumstances of the case are as follows: Plaintiff owned a quarter horse mare, three years old, which he had pastured out under the care...

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