Mahoney v. Dixon
Montana Supreme Court
1 Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Edward. L. Mahoney against John M. Dixon and others. ' Eroin a judgment for plaintiff, defendants appeal. Statement oe the Case. There was an appeal to this court from the judgment entered in favor of the plaintiff in the lower court, and also an appeal from the order denying defendant’s motion for new trial. Heretofore the appeal from the order denying’ a new trial was dismissed.
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1 Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Edward. L. Mahoney against John M. Dixon and others. ' Eroin a judgment for plaintiff, defendants appeal. Statement oe the Case. There was an appeal to this court from the judgment entered in favor of the plaintiff in the lower court, and also an appeal from the order denying defendant’s motion for new trial. Heretofore the appeal from the order denying’ a new trial was dismissed. There is no controversy as to the existence of the following facts: That the defendant Dixon was a duly appointed, qualified and…
1Opinion of the Court
MR JUSTICE HOLLOWAY,
after stating the case, -delivered the opinion of the court.
' A question of practice is presented by respondent’s motion to strike from the files and disregard the statement on motion for new trial. It is contended that, as the appeal from the order overruling the motion for new trial has been dismissed, there is now properly before this court for consideration only the judgment roll. The question presented calls for a construction of Section 1736 of the Code of Civil Procedure, which reads as follows: “Sec. 1736. On an appeal from a final judgment, the appellant must…
2Cases cited1 opinion
- Whalen v. HarrisonMontana Supreme Court · 1902
3Cited by8 opinions
- Lynch v. HerrigMontana Supreme Court · 1905
- McWilliams v. ClemMontana Supreme Court · 1987
- Governor of Wisconsin ex rel. Mlekus v. Maryland Casualty Co.Wisconsin Supreme Court · 1927
- Sheldon v. PowellMontana Supreme Court · 1904
- Atlas Security Co. v. O'DonnellSupreme Court of Iowa · 1930
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