Nolan v. Montana Central Railway Co.
Montana Supreme Court
On Motion to Dismiss Appeals. Appeal from District Court, Silner Bov) County, Joint Ijindsay, Judge. Action by Timothy Nolan against the Montana Central - Railway Company. From a judgment in favor of plaintiff, and an order denying a new trial, defendant appeals. Motion by plaintiff to dismiss the appeal.
1Per curiam
— The respondent moves a dismissal of the appeal from the judgment in his favor, and the appeal taken at the same time from an order denying the appellants motion for a new trial. The grounds of the motion are: (l).that this court has no jurisdiction of either of the appeals, because the *328certificate of the clerk of the district court to the transcript does not state that an undertaking on appeal in due form was properly filed, as by section 1739 of the Code of Civil Procedure the clerk is required to certify; and (2) that the undertaking filed is void for .ambiguity and uncertainty, because…
2Cases cited6 opinions
- Ramsey v. BurnsMontana Supreme Court · 1900
- Watkins v. MorrisMontana Supreme Court · 1894
- Cronin v. Bear Creek Gold Mining Co.Idaho Supreme Court · 1892
- Eddy v. Van NessIdaho Supreme Court · 1885
- McCoy v. OldhamIdaho Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woelflen v. Lewiston-Clarkston Co.Washington Supreme Court · 1908
- Pirrie v. MouleMontana Supreme Court · 1905
- Schwab v. KapplerMontana Supreme Court · 1909
- Frary v. DwyerMontana Supreme Court · 1902