Legal Opinion

Courtright v. Berkins

Montana Supreme Court

Decided January 15, 1876PublishedCited by 12 opinions

Appeal from First District, Jefferson County.

1Opinion of the CourtBlake, J.

Tbis appeal must be dismissed for want of jurisdiction. The notice of appeal was filed April 1,1874, and a copy of the same was served upon the respondents March 31, 1874. The statutes of California and Nevada regulating appeals are the same as those of this Territory. The courts of these States hold that the filing of the notice of appeal must precede or be cotempor-aneous with the service of the copy thereof to render an appeal effectual. Hastings v. Halleck, 10 Cal. 31; Buffendeau v. Edmondson, 24 id. 94; Moulton v. Ellmaker, 30 id. 527; Boston v. Haynes, 31 id. 107; Foy v. Domec, 33 id.…

2Cases cited2 opinions

  1. Hastings v. HalleckCalifornia Supreme Court · 1858
  2. Lyon County v. Washoe CountyNevada Supreme Court · 1873

3Cited by12 opinions

  1. Territory of Montana v. HannaMontana Supreme Court · 1884
  2. Berry v. City of HelenaMontana Supreme Court · 1919
  3. State v. BlackMontana Supreme Court · 1894
  4. State v. NorthrupMontana Supreme Court · 1893
  5. Eldridge v. KnightNorth Dakota Supreme Court · 1903

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