[DOWNLOAD] "Johnson v. Clark" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: Johnson v. Clark
• Author : Supreme Court of Montana
• Release Date : January 20, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

CONVERSION ? JUDICIAL NOTICE ? APPEARANCE ? VENUE. 1. Evidence ? Judicial notice. The Supreme Court would take judicial notice of the fact that Eureka was a town situated in Lincoln County, Montana. 2. Trover and Conversion ? Elements of conversion. The essential elements of an action for conversion are the plaintiffs ownership and right of possession of the chattels, their conversion by the defendant and resulting damage. 3. Appearance ? Defination of ? General or special. Appearance is the first act of the defendant in court and may be general or special. 4. Appearance ? General appearance. A general appearance in an action is made when a party comes into court without limiting the object for which he comes in. 5. Venue ? Effect of motion for change of place of trial. When a timely and proper motion for change of place of trial is pending, the court has no jurisdiction except first to rule on the motion. 6. Venue ? Statute mandatory. The provisions of a statute providing for change of trial upon timely and proper application are mandatory and require the District Court to change the venue. 7. Venue ? Duty of court on motion to change place of trial. Where defendant moves for a change of place of trial upon a ground which entitles him to the change demanded as a matter of right, the court has no option but to grant the motion and the court has no right to pass upon any other question in the case. 8. Venue ? Right of defendant to change place of trial. The right of the defendants to a change of the place of trial was to be determined by the state of the pleadings at the time of motion. 9. Venue ? Defendants not required to make second general appearance. Where plaintiff filed amended complaint after defendants had entered general appearance and made timely and proper application for change of place of trial, defendants were not required to make - Page 455 a second general appearance and second motion and demand for change of place of trial. 10. Venue ? was where conversion was committed. Defendants who were sued for having converted plaintiffs timber and wood were entitled to be sued in county where conversion was committed. 11. Venue ? Lincoln County proper county for trial. Where complaint alleged money due and owing on implied contract and no place of performance was indicated, defendants who resided in and were served in Lincoln County, were entitled to have action tried in that county.

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