Stevenson v. Cadwell
Montana Supreme Court
Appeal from, Ninth, Judicial District, Gallatin County. Plaintiff’s motion to dismiss the appeal was grauted by Benton, J., sitting in place of Armstrong, J. Statement of the case by the justice delivering the opinion: This action was originally commenced in a court of the justice of the peace. Judgment was rendered in favor of plaintiff March 13,1893. Defendant in due time gave notice of appeal, and filed a bond upon appeal.
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Appeal from, Ninth, Judicial District, Gallatin County. Plaintiff’s motion to dismiss the appeal was grauted by Benton, J., sitting in place of Armstrong, J. Statement of the case by the justice delivering the opinion: This action was originally commenced in a court of the justice of the peace. Judgment was rendered in favor of plaintiff March 13,1893. Defendant in due time gave notice of appeal, and filed a bond upon appeal. On March 21st the justice made out his transcript of the proceedings in the case, and left the same with the clerk of the district court. On April 24th plaintiff served…
1Opinion of the CourtDe Witt, J.
There was a rule of the district court that appeals from justice’s courts to the district court must be filed within thirty days after the appeal is perfected, and that if, through the neglect of the appellaxit, the same be not so filed, the appeal may be.dismissed. The appeal was not filed in the district court within thirty days after it was perfected, and in consequence thereof the district court dismissed the appeal. The only iuq.uixy which we will make is whether the district court exercised a sound discretion in applying this rule and dismissing the appeal. We are inclined to think it…
2Cases cited2 opinions
- Territory of Montana v. MilroyMontana Supreme Court · 1888
- Marsh v. KinnaMontana Supreme Court · 1877
3Cited by5 opinions
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- State ex rel. King v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Bush v. BakerMontana Supreme Court · 1913
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1898
- Perkins v. BridgeIdaho Supreme Court · 1904