Legal Opinion

O'Neill v. State Savings Bank

Montana Supreme Court

Decided December 4, 1906No. 2,332PublishedCited by 1 opinion

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by William O’Neill against the State Savings Bank and others, Nellie Gardiner and James Peirie intervening. From a judgment for intervener Gardiner, and an order denying him a new trial, intervener Peirie appeals. It was claimed in the eourt below that, by reason of the appeal bond given to the supreme court, the bond on appeal from the justice’s court was released, but such is not the law.

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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by William O’Neill against the State Savings Bank and others, Nellie Gardiner and James Peirie intervening. From a judgment for intervener Gardiner, and an order denying him a new trial, intervener Peirie appeals. It was claimed in the eourt below that, by reason of the appeal bond given to the supreme court, the bond on appeal from the justice’s court was released, but such is not the law. (Shannon v. Dodge, 18 Colo. 164, 32 Pae. 61; Rockwell v. District Court, 17 Colo. 118, 31 Am. St. Rep. 265, 29 Pac. 454;…

1Opinion of the CourtJustice Holloway

James Peirie commenced an action in the justice of the peace court in Silver Bow county in 1897 against William O ’Neill, and *524George F. Kellogg, and such proceedings were had that plaintiff recovered a judgment against the defendants for $297.80 and costs. The defendants thereupon appealed to the district court and executed an undertaking on appeal in the sum of $867, conditioned as required by section 1763 of the Code' of Civil Procedure. This was a joint and several undertaking and was signed by O’Neill and Kellogg as principals, and Robert Julien and P. A. Largey as sureties. In order to…

2Cases cited4 opinions

  1. Hampton v. PhippsSupreme Court of the United States · 1883
  2. Macklin v. Northern BankCourt of Appeals of Kentucky · 1885
  3. Taylor v. Farmers' BankCourt of Appeals of Kentucky · 1888
  4. Black v. KaiserCourt of Appeals of Kentucky · 1891

3Cited by1 opinion

  1. W. F. Shawver Sons Co. v. Board of EducationWest Virginia Supreme Court · 1936

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