Brange v. Bowen

Decided January 2, 1920

Montana Supreme Court · decided 1920-01-02

Appeal from District Court of Granite County; Geo. B. Winston, Judge. Action by Charles Brange against D. T. Bowen. Judgment for plaintiff. Defendant appeals from it and an order denying him a new trial.

Relies on Jones v. Shannon · Cole v. Helena Light & Railway Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-01-02

How this case has been cited

Cited by 5 later decisions — most recently March 1988

5 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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MR. JUSTICE HOLLOWAY

¶1delivered the opinion of the court.

¶2The evidence in this case is in sharp conflict. After the testimony was closed and the instructions were settled, defendant moved the court to reopen the case that a document might be offered in evidence. The motion was denied. After a verdict was returned in favor of plaintiff, defendant moved for a new trial upon the ground of insufficiency of the evidence. That motion also was denied.

¶3In each instance the motion was addressed to the sound, legal discretion of the trial court, and its order thereon will not be disturbed unless there was a clear abuse of discretion. (Jones v. Shannon, 55 Mont. 225, 175 Pac. 882; Cole v. Helena Light & Ry. Co., 49 Mont. 443, 143 Pac. 974.)

¶4The record fails to disclose that any error was committed, and the judgment and order are, therefore, affirmed.

¶5Affirmed.

Mr. Chief Justice Brantly and Associate Justices Hurly, Matthews and Cooper concur.