Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 26 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the party shall have the same time, after service of the notice of intention to move for a. new trial, to serve such bill, as is provided after entry of judgment by Section 1155, ----that is, 10 days, --and 10 days after service of such notice to serve a statement of the case, and in either caseithe judge may extend the time" for 30 day in addition to the statutory time, where a judgment is entered on June 9th, notice of intention to move for new trial is served con the 16th, and on the 25th the judge extends the time to serve the bill of exceptions to July 26th, the service of the bill on July 24th is in time, and it may be used on appeal from the judgment. Where bidders for a school building, after the rejection of their separate bids and consultation with the members of the board, agree to reduce their bids, and that in consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertisement, such agreement is void, as against public policy, and aflfords no basis for an, action by one of such bidders against the other. 6. Evidence reviewed and held, that the court erred in denying a motion for nonsuit on the ground that the contract sued upon was void as against public policy. ' Appeal from District Court, Lewis a-nod Clarke County; S. H. M cInt1lre, Judge. ACTION by Stephen F. Whalen and James S. Grant, partners as Whalen & Grant, against William Harrison. From a judgment in favor of plaintiffs, defendant appeals. Reversed. M essrs. Walsh (E Newman and M1'. A. J. Craven, for Appellant. The demurrer to the first cause of action should have been sustained. The objection to the introduction of tetstimony on the first cause of...