Legal Opinion

Coleman v. Perry

Montana Supreme Court

Decided May 31, 1900No. 1506PublishedCited by 2 opinions

On Motion to Dismiss Appeals. Appeal from District Court, Silver Bow County/ John Lindsay, Judge. Action by Elizabeth Coleman against Oliver N. Perry and others. From a judgment for plaintiff, and an order denying his motion for a new trial, defendant appeals.

1Per curiam

— This cause was brought into this court upon appeals from the judgment, and an order denying defendant’s motion for a new trial. A motion has been submitted by Respondent to dismiss the appeals on the ground *238that the undertaking is void for ambiguity. This instrument is identical in form with that considered in Baker v. Butte City Water Co., 24 Mont. 31, 113, 60 Pac. 488, 817. It was not held in that case, as respondent contends, that such an undertaking is void, but only that it is merely insufficient or imperfect, in that, though it refers to both appeals, it does not contain alternative…

2Cases cited3 opinions

  1. Creek v. Bozeman Water Works Co.Montana Supreme Court · 1899
  2. Baker v. Butte City Water Co.Montana Supreme Court · 1900
  3. Woodman v. CalkinsMontana Supreme Court · 1892

3Cited by2 opinions

  1. Hayes v. Union Mercantile Co.Montana Supreme Court · 1902
  2. Pirrie v. MouleMontana Supreme Court · 1905

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