Bush v. Baker
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Mary Bush, as executrix of the estate of Mary Miller, deceased, against Charles A. Baker. From a judgment of dismissal of an appeal from a justice’s court, defendant appeals. The statute requiring the justification of sureties is directory and for the benefit of the respondent. (Morin v. Wells, 30 Mont. 76, 75 Pae. 688; State v. District Court, 22 Mont. 449, 74 Am.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Mary Bush, as executrix of the estate of Mary Miller, deceased, against Charles A. Baker. From a judgment of dismissal of an appeal from a justice’s court, defendant appeals. The statute requiring the justification of sureties is directory and for the benefit of the respondent. (Morin v. Wells, 30 Mont. 76, 75 Pae. 688; State v. District Court, 22 Mont. 449, 74 Am. St. Rep. 618, 57 Pac. 89, 145.) It should be liberally construed to maintain the right of appeal. (Payne v.- Davis, 2 Mont. 381; Morin v. Wells, supra.)…
1Opinion of the CourtChief Justice Brantly
This action was commenced in a justice’s court in Silver Bow county on July 15, 1911. At the conclusion of a trial had on August 3 the justice reserved a decision until August 7, when he found the issues in favor of the plaintiff: and rendered judgment accordingly. On September 6 counsel for defendant served upon counsel for the plaintiff and filed with the justice his notice of appeal to the district court. At the same time he filed with the justice the undertaking required by the statute. On September 9 Mr. Botering, one of counsel for plaintiff, served upon John T. Baldwin, a member of the…
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