Legal Opinion

Frary v. Dwyer

Montana Supreme Court

Decided April 15, 1902No. 1,446PublishedCited by 1 opinion

Os Mottos' to Disarms Appeals. Aiipeal from District Court, Cascade County; J. B. Leslie Judge. Action- by W. S. Frary against William R. Dwyer. From a judgment in favor of defendant, and from an order denying, a motion for a new trial, plaintiff appeals. Motion by defendant to dismiss the appeals.

1Opinion of the CourtChief Justice Bbantly

Tlie defendant, and respondent, lias submitted a motion to dismiss the appeals herein on the ground that the undertaking filed with the clerk of the district court does not conform to the requirements of the statute.

The appeals are from a judgment and an order denying plaintiffs motion for a new trial, and the undertaking’ is the same in form and substance as those approved in Watkins v. Morris, 14 Mont. 354, 36 Pac. 452, and in the following eases; Ramsey v. Burns, 24 Mont. 234, 61 Pac. 129; Nolan v. Montana Central Railway Company, Id. 327, 61 Pac. 880; Livingston Smelting and Reduction…

2Cases cited5 opinions

  1. Ramsey v. BurnsMontana Supreme Court · 1900
  2. Watkins v. MorrisMontana Supreme Court · 1894
  3. Baker v. Butte City Water Co.Montana Supreme Court · 1900
  4. Nolan v. Montana Central Railway Co.Montana Supreme Court · 1900
  5. Dellinger v. VineyardMontana Supreme Court · 1900

3Cited by1 opinion

  1. Pirrie v. MouleMontana Supreme Court · 1905

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