Murphy v. Cooper

Decided April 2, 1910

Montana Supreme Court · decided 1910-04-02

B. C. Stewart, Judge. Action by J. T. Murphy and another, copartners, doing business under the firm name and style of Murphy & Eyan, against Walter Cooper. From a judgment for plaintiffs and an order overruling his motion for a new trial, defendant appeals.

Good law ✅— No negative treatment on recordhow we know

Eeversed and remanded · Decided 1910-04-02

How this case has been cited

Cited by 8 later decisions — most recently May 1984

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

MR. JUSTICE SMITH

¶2delivered the opinion of the court.

¶3Respondents’ counsel claim that the court overlooked the question whether the appellant’s counterclaim states facts sufficient to constitute a cause of action. In view of what is said in the last paragraph of the foregoing opinion, we do not think the learned counsel can consistently claim that it was the court which overlooked the question. We do not decide that the counterclaim is insufficient. It is too late to raise that question for the first time on motion for a rehearing.

¶4Rehearing denied.

Mr. Chief Justice Brantly and Mr. Justice Holloway concur.