Tuohy's Estate
Montana Supreme Court
ON MOTION TO DISMISS APPEAL. Appeal from District Court, Silver Dow County; John Lindsay, Judge. Proceeding in the estate of James Tuohy, deceased. Erom an order directing Cyril Pauwelyn, executor, to execute a lease of certain realty, he appealed. One McSherry and and another, who were made respondents, moved for a dismissal of the appeal.
1Per curiam
Motion to dismiss appeal. Cyril Pauwelyn, as executor of James Tuohy, deceased, seeks herein to have *306reviewed on appeal an order made by the district court of the Second Judicial District, sitting as a court of probate, directing him to execute a lease of certain mining ground belonging to his testator’s estate to C. J. McSherry and D. J. Ryan at a fixed rental for the term of two years. McSherry and Ryan, who are made the respondents, ask that the appeal be dismissed on the ground, among others, that the order is not appealable.
An appeal is authorized by statute only and, unless the judgment…
2Cases cited14 opinions
- In re BauquierCalifornia Supreme Court · 1891
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- In re Higgins' EstateMontana Supreme Court · 1895
- Kinney v. WattsNew York Supreme Court · 1835
- In re the Estate of WiardCalifornia Supreme Court · 1890
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3Cited by34 opinions
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- Dougherty v. DoughertyMontana Supreme Court · 1906
- In Re ThompsonMontana Supreme Court · 1926
- Kosel v. StoneMontana Supreme Court · 1965
- Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1928
29 more not listed; retrieve them via the Exa API.