Scott v. Waggoner
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Ida D. Scott against A. W. Waggoner and others. From a judgment for plaintiff, and an order granting a new trial, defendants appeal. If the 'counterclaim, as pleaded by the defendants, arose out of the transaction set forth in the complaint, as the foundation of the plaintiff’s claim, then the court erred in sustaining plaintiff’s motion for a new trial.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by Ida D. Scott against A. W. Waggoner and others. From a judgment for plaintiff, and an order granting a new trial, defendants appeal. If the 'counterclaim, as pleaded by the defendants, arose out of the transaction set forth in the complaint, as the foundation of the plaintiff’s claim, then the court erred in sustaining plaintiff’s motion for a new trial. The lease was the transaction which was the very foundation stone of plaintiff’s claim. The counterclaim is for a violation of a right which also grew out of the…
1Opinion of the CourtJustice Sanner
This proceeding, with its separate appeals from the judgment and from an order granting a new trial in the same case, aptly illustrates one of the anomalies of our appellate procedure. As the effect of an order granting a new trial is to set aside the verdict or other decision upon the facts and thus to abrogate the judgment founded thereon, and as the order granting the new trial in this case was entered before the notice of appeal from the judgment was filed, it would seem that there was no judgment to appeal from. The office of an appeal from the judgment is to present questions of law,…
2Cases cited38 opinions
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Woodruff v. GarnerIndiana Supreme Court · 1866
- Gutzman v. ClancyWisconsin Supreme Court · 1902
- Story & Isham Commercial Co. v. StoryCalifornia Supreme Court · 1893
- Ter Kuile v. MaralandNew York Supreme Court · 1894
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3Cited by38 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Parmelee v. Chicago Eye Shield Co.Court of Appeals for the Eighth Circuit · 1946
- Vanmeter v. GoldfarbIllinois Supreme Court · 1925
- Wyant v. DunnMontana Supreme Court · 1962
- Artophone Corporation v. CoaleSupreme Court of Missouri · 1939
33 more not listed; retrieve them via the Exa API.