Morris v. McLaughlin
Montana Supreme Court
Appeal from District Court, Missoula County; Frank H. Woody, Judge. Action by B. Morris against II. W. McLaughlin, as sheriff of Missoula county, and another. From a judgment for plaintiff on appeal from a justice, and an order denying a new trial, defendants appeal.
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Appeal from District Court, Missoula County; Frank H. Woody, Judge. Action by B. Morris against II. W. McLaughlin, as sheriff of Missoula county, and another. From a judgment for plaintiff on appeal from a justice, and an order denying a new trial, defendants appeal. In the light of all the decisions of the courts in construing the law embraced within the provisions of Section 4491, the instructions complained of were erroneous and certainly highly prejudicial to the interests of the defendants and appellants herein. (Merrill v. Hurlburt, 63 Cal. page 494; Bunting v. Saltz, 84 Cal. 168; Grum…
1Opinion of the CourtJustice Pigott
This action was commenced in the court of a justice of the peace. An appeal from the judgment of that court was taken to the district court of the county where the trial resulted in a judgment for the plaintiff, entry whereof was made on the 21st day of October, 1897. From an order denying a new trial the defendants have appealed. They have also; in form, perfected an appeal from the judgment.
1. Subdivision 2 of Section 1723 of the Code of Civil Procedure provides that within 90 days after its entry an appeal may be taken to the supreme court from a judgment rendered i-n a district court on…
2Cases cited1 opinion
- Cady v. ZimmermanMontana Supreme Court · 1897
3Cited by6 opinions
- Puckett v. HopkinsMontana Supreme Court · 1922
- Taylor v. Malta Mercantile Co.Montana Supreme Court · 1913
- Charles Schatzlein Paint Co. v. PassmoreMontana Supreme Court · 1902
- Brown v. Federal Surety Co.Montana Supreme Court · 1932
- Tomcheck v. Maryland Casualty Co.Montana Supreme Court · 1926
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