24 Mont. 457 | Mont. | 1900
after stating the case, delivered the opinion of the Court.
The record does not disclose upon which one of the grounds the motion was sustained. It is therefore incumbent upon us to examine them all, and, if any one of them justifies such action, the judgment and order must be affirmed; for, though several other errors are assigned in plaintiff’s brief, the questions presented by the motion are the only ones pressed upon our attention.
It is argued by the defendant that, notwithstanding the rule laid down by these cases, the contract in question is void as to the defendant, because it was never acknowledged and recorded with an affidavit of all the parties attached, as required by the
The judgment and ordér appealed from are reversed, and the cause is remanded for a new trial.
Reversed and remanded.