Rumney Land & Cattle Co. v. Detroit & Montana Cattle Co.
Montana Supreme Court
Appeal from, district court, Cascade county. ■ C. H. Benton, Judge. Action by the Rumney Land & Cattle Company against the Detroit & Montana Cattle Company, in which there was a judgment by default in favor of plaintiff. From an order denying a motion to set aside the default and judgment, defendant appealed. Plaintiff moves to strike trom the transcript defendant’s answer, and certain affidavits filed before the hearing of said motion.
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Appeal from, district court, Cascade county. ■ C. H. Benton, Judge. Action by the Rumney Land & Cattle Company against the Detroit & Montana Cattle Company, in which there was a judgment by default in favor of plaintiff. From an order denying a motion to set aside the default and judgment, defendant appealed. Plaintiff moves to strike trom the transcript defendant’s answer, and certain affidavits filed before the hearing of said motion. Statement of the case by the justice delivering the opinion. The transcript on appeal contains the following papers: (1) A complaint filed April 14, 1896; (2)…
1Opinion of the CourtBuck, J.
Respondent moves to strike from the transcript the answer of appellant and the affidavits. The ground for the motion is that there is no identification of these papers for the purpose of showing that they were used on the motion to set aside the default and judgment.
On appeal every presumption in favor of its correctness attaches to a decision or order of the district court. Hence it is incumbent on the appellant to show wherein any error has been committed by the lower court. The transcript must show the error directly, not by way of inference or presumption. If it is necessary to consider…
2Cases cited5 opinions
- Somers v. SomersCalifornia Supreme Court · 1889
- Kleinschmidt v. BinzelMontana Supreme Court · 1894
- Arnold v. SinclairMontana Supreme Court · 1892
- State ex rel. Pierson v. MillisMontana Supreme Court · 1897
- Bookwalter v. ConradMontana Supreme Court · 1894
3Cited by16 opinions
- Dougherty v. DoughertyMontana Supreme Court · 1906
- State v. SchoenbornMontana Supreme Court · 1919
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Mulholland v. Butte & Superior Mining Co.Montana Supreme Court · 1930
- Dockins v. DockinsMontana Supreme Court · 1928
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