Legal Opinion

McIntosh Hardware Co. v. Flathead County

Montana Supreme Court

Decided March 25, 1905No. 2,088PublishedCited by 1 opinion

Appeal from District Court, Flathead County; D. F. Smith, Judge. Claim by tbe McIntosh Hardware Company against Flathead county. From a judgment of the district court affirming a disallowance of the claim by the board of county commissioners, plaintiff appeals.

1Opinion of the CourtChief Justice Brantly

Upon presentation to, and disallowance of its claim by, the board of county commissioners, plaintiff appealed to the district court. Upon a trial defendant had judgment. Thereupon plaintiff appealed to this court. On the day set for the-hearing, the attorneys for plaintiff not appearing, the cause was submitted on their brief. At the same time the attorney general submitted a motion to dismiss the appeal on the ground that he, the attorney of record for defendant, had not been served with a copy of the transcript or appellant’s brief, and had no notice of the pendency of the appeal until the…

2Cases cited3 opinions

  1. Elliott v. MartinMontana Supreme Court · 1903
  2. Casey v. ThieviegeMontana Supreme Court · 1903
  3. Murray v. LivingstonMontana Supreme Court · 1903

3Cited by1 opinion

  1. Deich v. DeichMontana Supreme Court · 1958

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