Kirk v. Smith
Montana Supreme Court
Appeal from District Court, Dill County; Franh N. Utter, J udge. Action by James Kirk against W. T. Smith. Judgment for plaintiff, and defendant appeals from it and an order denying him a new trial.
1Opinion of the CourtJustice Sanner
Action for malicious prosecution. Yerdict and judgment for the plaintiff. Defendant appeals from the judgment, and from an order denying his motion for a new trial.
The judgment itself is not assailed nor in any wise questioned, save as affected by the order denying the motion for new [1] trial. That order is a general one, and must be sustained, if ground therefor appears upon the face of the record, Such ground does appear in the fact that the defendant’s bill of exceptions was not presented for settlement within ninety days of the verdict. The time for such presentation was extended *197by the…
2Cases cited1 opinion
- Canning v. FriedMontana Supreme Court · 1914
3Cited by3 opinions
- Evans v. Oregon Short Line R. R.Montana Supreme Court · 1915
- Hutchinson v. BurtonMontana Supreme Court · 1952
- Hutchinson v. BurtonMontana Supreme Court · 1952