Gamer v. Glenn
Montana Supreme Court
Appeal from the Second Judicial District, Silver Bow County. The opinion states the facts. Appellants claim that the court below erred in granting a new trial, because the notice of motion was insufficient, and not as required by law. The notice stated that the motion would be made “upon the minutes of the court, the bills of exceptions now or hereafter on file in the said cause, and a statement of the case hereafter to be prepared and served.”
Read the full summary
Appeal from the Second Judicial District, Silver Bow County. The opinion states the facts. Appellants claim that the court below erred in granting a new trial, because the notice of motion was insufficient, and not as required by law. The notice stated that the motion would be made “upon the minutes of the court, the bills of exceptions now or hereafter on file in the said cause, and a statement of the case hereafter to be prepared and served.” The Code of Civil Procedure, section 297, page 135, Compiled Statutes of Montana, provides that the motion (for the causes mentioned in respondents’…
1Opinion of the CourtMcConnell, C. J.
Verdict in favor of the appellants; motion for a new trial sustained, and an appeal from the order granting it to this court. This is an action to quiet title, brought on an adverse claim of appellants, on the “Excelsior Lode,” to respondents’ application for United States patent on the “ Argonaut Lode Mining Claim.” . The first point relied on by the appellants for a reversal of this case is that the “notice of motion is insufficient," and not as required by law.” The notice recites that the motion would be made “ upon the minutes of the court, the bills of exceptions now or hereafter on…
2Cases cited5 opinions
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Upton v. LarkinMontana Supreme Court · 1888
- O'Donnell v. GlennMontana Supreme Court · 1888
- Flavin v. MattinglyMontana Supreme Court · 1888
- Russell v. ChumaseroMontana Supreme Court · 1882
3Cited by14 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Metcalf v. PrescottMontana Supreme Court · 1891
- Sanders v. NobleMontana Supreme Court · 1899
- Bramlett v. FlickMontana Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.