Scherrer v. Hale
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarks County, The action was tried before Wade, C. J. A motion for a new trial was refused by Blake, C. J. Motion by plaintiff to dismiss the appeal.
1Opinion of the CourtBach, J.
The respondent has made two motions upon this appeal: First, to strike out so much of the record as purports to be a statement on motion for a new trial; second, to dismiss the appeal from the judgment because no error in the judgment roll can be considered, for the reason that the appeal from the judgment was not taken within the time fixed by law.
The motion to strike from the record so much thereof as purports to be a statement on motion for new trial is based upon the fact that there is no certificate of the judge attached to said paper declaring the same to have been allowed by him.…
2Cases cited3 opinions
- Raymond v. ThextonMontana Supreme Court · 1888
- Adams v. DohrmannCalifornia Supreme Court · 1883
- Schreiber v. WhitneyCalifornia Supreme Court · 1882
3Cited by1 opinion
- Ayotte v. NadeauMontana Supreme Court · 1905