Kinna v. Horn

Montana Supreme Court

Kinna v. Horn

1 Mont. 329

DecidedJanuary 15, 1871

StatusPublished

This text of 1 Mont. 329 (Kinna v. Horn) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kinna v. Horn, 1 Mont. 329 (Mo. 1871).

Pincite

Opinion

Warren, C. J.

The only issue raised by the separate answer of Horn, in this cause, was upon the allegation of partnership liabilities of the defendants. The other denials are of individual indebtedness or liability of himself, which is not alleged in the complaint, and are wholly irrelevant and immaterial. The instructions given by the court upon other matters not embraced in the issue were calculated to mislead the jury, and were erroneous.

For this reason the judgment is reversed and the cause remanded.

Exceptions sustained

Free access — add to your briefcase to read the full text and ask questions with AI

Warren, C. J.

The only issue raised by the separate answer of Horn, in this cause, was upon the allegation of partnership liabilities of the defendants. The other denials are of individual indebtedness or liability of himself, which is not alleged in the complaint, and are wholly irrelevant and immaterial. The instructions given by the court upon other matters not embraced in the issue were calculated to mislead the jury, and were erroneous.

For this reason the judgment is reversed and the cause remanded.

Exceptions sustained

Cite This Page — Counsel Stack

Bluebook (online)

1 Mont. 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinna-v-horn-mont-1871.