Legal Opinion

Morin v. Wells

Montana Supreme Court

Decided March 7, 1904No. 1,796PublishedCited by 8 opinions

Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by Oliver Morin against John Wells and others. Eroni a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant Frank Mosbner appeals. The notice of appeal from the justice’s court, together with' the undertaking on appeal, were filed within the period of thirty days after the judgment was rendered.

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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by Oliver Morin against John Wells and others. Eroni a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant Frank Mosbner appeals. The notice of appeal from the justice’s court, together with' the undertaking on appeal, were filed within the period of thirty days after the judgment was rendered. In accordance with the provisions of Section 1763, Code of Civil Procedure, the respondent in that action excepted to the sufficiency of the sureties to said undertaking on the 9th day of…

1Opinion of the Court

ME. COMMISSIONER CALLAWAY

prepared the following opinion for the court:

This is a suit on an undertaking on appeal. The district court entered judgment against the principal and sureties upon the undertaking. Defendant Moshner moved for a new trial, which was denied. From the judgment, and order denying his motion, he has appealed.

It appears that on September 12, 1900, respondent herein recovered a judgment in justice’s court against defendant Ouellette in the sum of $-298.15. Desiring to appeal therefrom, Ouellette on October 8th filed notice and undertaking on appeal. The sureties thereon…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Estate of KennedyCalifornia Supreme Court · 1900
  2. Abbott v. WilliamsSupreme Court of Colorado · 1890
  3. Braithwaite v. JordanNorth Dakota Supreme Court · 1895
  4. Mueller v. KellyColorado Court of Appeals · 1896
  5. Stephens v. MillerCourt of Appeals of Kentucky · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Smith v. DuffMontana Supreme Court · 1909
  2. State Ex Rel. Stephens v. KeasterMontana Supreme Court · 1928
  3. Krause v. Insurance Co. of North AmericaMontana Supreme Court · 1925
  4. Clarke v. SwartzMontana Supreme Court · 1930
  5. Bush v. BakerMontana Supreme Court · 1913

3 more not listed; retrieve them via the Exa API.

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