Arnold v. Sinclair
Montana Supreme Court
Appeal from Mghih Judicial Distnct, Cascade County, Action for dissolution of a copartnership and an accounting. The cause was tried before Benton, J. Plaintiff had judgment below. On motion of the respondent to dismiss the appeal. Statement of the case by the judge delivering the opinion. This is an action to declare a copartnership dissolved, and for an accounting.
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Appeal from Mghih Judicial Distnct, Cascade County, Action for dissolution of a copartnership and an accounting. The cause was tried before Benton, J. Plaintiff had judgment below. On motion of the respondent to dismiss the appeal. Statement of the case by the judge delivering the opinion. This is an action to declare a copartnership dissolved, and for an accounting. The complaint alleges that in August, 1887, plaintiff and defendant, at Port Arthur, Canada, entered into a copartnership for the business of dealing in wines, liquors, and cigars at the city of Great Falls, Montana. That under…
1Opinion of the CourtDe Witt, J.
There is an appeal from the judgment and an appeal from the order denying the motion for a new trial. Respondent contends that the judgment is not a final one, hence that appeal must be dismissed; and again, that if the judgment is not final, the motion for a new trial was premature, and hence that appeal must be dismissed.
We will inquire as to the first proposition. Was the judgment final, and so appealable; or was it an interlocutory order, and not appealable? Under the statute, an appeal can be taken only from a final judgment, and from certain defined orders. (§§ 421, 444, Code Civ.…
2Cases cited19 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Duff v. DuffCalifornia Supreme Court · 1886
- Jones v. ClarkCalifornia Supreme Court · 1871
- Harris v. San Francisco Sugar Refining Co.California Supreme Court · 1871
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3Cited by17 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Marquam v. RossOregon Supreme Court · 1905
- Millar v. MillarCalifornia Court of Appeal · 1921
- Kline v. MurrayMontana Supreme Court · 1927
- Ringling v. BieringMontana Supreme Court · 1928
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