(DOWNLOAD) "National Surety Corp. v. Kruse" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: National Surety Corp. v. Kruse
- Author : Supreme Court of Montana
- Release Date : January 17, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. Judgment ? Judgment must be within issues ? Declaratory judgment same. A judgment must be based on a verdict or findings of the court and must be within the issues presented to the court and this requirement applies to entry of judgments under the Declaratory Judgments Act. 2. Action ? No jurisdiction to enter judgment. In a declaratory judgment action by surety on the bond of a wholesale produce dealer against the commissioner of agriculture, dealer, and creditor to whom the commissioner had ordered payment of a specified amount by the surety and dealer, where the action was brought to determine the effect of the commissioners decision and order, but no facts were presented as to the merits of the controversy between dealer and creditor and no issue thereupon was submitted, the court had no jurisdiction to enter a declaratory judgment in favor of the creditor against the dealer in the amount theretofore ordered by the commissioner, or to declare that the surety was liable upon its bond to the creditor in that amount. 3. Appeal and error ? Constitutional questions, when decided. The Supreme Court will not decide a constitutional question unless it is necessarily involved and necessary to a decision. 4. Appeal and error ? Duty of Court in absence of record. The Supreme Court is required to assume, in the absence of the record, that the order of the commissioner of agriculture was justified if under any conceivable facts the order was valid. 5. Agriculture ? Commissioner of agriculture had authority to make order. The commissioner of agriculture, upon filing of a claim and after due notice and hearing would have authority to order a wholesale dealer in agricultural products to pay the creditor the amount allegedly due as the purchase price of apples sold by the creditor to the dealer. - Page 203