Spencer v. Mungus
Montana Supreme Court
Appeal from, District Court, Granite County; Welling Nap-ton, Judge. ActioN by John A. Spencer and C. C. Spencer, copartners under the firm name of John A. Spencer & Son, against Mike Mungus and A. Blazina, copartners under the firm name of A. Blazina & Co. Judgment for defendants, and plaintiffs appeal. Statement op the Case.
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Appeal from, District Court, Granite County; Welling Nap-ton, Judge. ActioN by John A. Spencer and C. C. Spencer, copartners under the firm name of John A. Spencer & Son, against Mike Mungus and A. Blazina, copartners under the firm name of A. Blazina & Co. Judgment for defendants, and plaintiffs appeal. Statement op the Case. This action was commenced in the district court of Granite county by the appellants (plaintiffs below) to recover the sum of $1,118.66, alleged to be due from the defendants for goods, wares and merchandise sold by the plaintiffs to them between May, 18.98, and…
1Opinion of the CourtJustice Holloway
The appellants apparently proceeded upon the theory that the order of the district court refusing to disallow the defendants’ costs was an order made after final judgment, and appealable as such. But costs are a part of the judgment, and, in contemplation of law, are settled before being incorporated in the judgment, and any order made with reference thereto' is reviewable upon the appeal from the final judgment. (Mont. Ore Pur. Co. v. Boston & Montana C. C. & S. M. Con., 27 Mont. 288, 70 Pac. 1114.)
The only error assigned is the action of the district court in including in the judgment the…
2Cases cited4 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894
- David & Son v. Hurgren & AndersonCalifornia Supreme Court · 1899
- Anthony v. GrandCalifornia Supreme Court · 1894
3Cited by8 opinions
- Medhus v. DutterMontana Supreme Court · 1979
- Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
- Albrecht v. AlbrechtMontana Supreme Court · 1928
- State v. KellyMontana Supreme Court · 1920
- Brunnabend v. TibblesMontana Supreme Court · 1926
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