Beach v. Spokane Ranch & Water Co.
Montana Supreme Court
Appeal from District Court, Lexois and Clarke Coxmty. Action by Calvin Beach and others against the Spokane Ranch & Water Company. An order was made granting additional time to prepare a bill of exceptions and move for a new trial, the order reciting that it was made with plaintiffs’ consent. From an order denying a motion to strike out this recital, plaintiffs appeal.
1Opinion of the CourtPigott, J.
Appeal from a special order made December 28, 1897, after final judgment. On October 11, 1897, the *185•district court made the following order, which was entered in the minutes: £ £On motion of counsel for defendant, and by •consent of plaintiffs, court this day granted 30 days additional time to defendant in which to prepare, serve, and file statement on motion for new trial and bill of exceptions herein.” On December 28, 1897, plaintiffs moved the court to correct the order so entered by striking out such portion thereof as shows the consent of plaintiffs thereto. After a hearing an •order…
2Cases cited11 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- United States v. BreitlingSupreme Court of the United States · 1858
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Reclamation District No. 535 v. HamiltonCalifornia Supreme Court · 1896
- Johnson v. SweeneyCalifornia Supreme Court · 1892
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3Cited by4 opinions
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- Bush v. BakerMontana Supreme Court · 1913
- Tooele Improvement Co. v. HoffmanUtah Supreme Court · 1914