Herrin v. Sutherland

241 P. 328 (1925)

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Herrin v. Sutherland

Montana Supreme Court
241 P. 328 (1925)

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Facts

Sutherland (defendant) hunted ducks and migratory game birds. On one occasion Sutherland repeatedly used his shotgun to shoot birds that were flying over Herrin’s land. Herrin sued Sutherland for damages for trespass. Sutherland unsuccessfully demurred to the complaint and thereafter failed to answer the complaint. Accordingly, default judgment was entered in favor of Herrin. Upon Herrin’s recommendation, the court awarded Herrin only nominal damages. Sutherland appealed to the Supreme Court of Montana.

Rule of Law

Issue

Holding and Reasoning (Callaway, C.J.)

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