Plaisted v. Nowlan
Montana Supreme Court
Appeal from Second District, Deer Lodge Gomvt/y. The judgment was entered by BNowles, J. An appeal will he from a portion of a judgment or decree when the same is partly against and partly in favor of the appellant. A party is not compelled to bring up the part of the decree that is in his favor. The decision of Barkley v. Logan, ante, 296, is the only one to the contrary.
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Appeal from Second District, Deer Lodge Gomvt/y. The judgment was entered by BNowles, J. An appeal will he from a portion of a judgment or decree when the same is partly against and partly in favor of the appellant. A party is not compelled to bring up the part of the decree that is in his favor. The decision of Barkley v. Logan, ante, 296, is the only one to the contrary. The statute of New York is the same as our own, and the decisions and works of practice hold that an appeal can be taken from a part of a judgment. Yan Santvoord’s Eq. Pr. 652-3, and cases cited; Miller’s PL & Pr. 706; 1…
1Opinion of the CourtBlaKE, J.
This case is before us upon the objections of the respondent, Nowlan, to the right of the appellant to be heard on the errors assigned in the transcript. It is claimed by the respondents, and admitted by the appellant, that this is an appeal from a certain part of a decree, and the respondent relies upon the authority of Barkley v. Logan, ante, 296, to sustain his position. The counsel for the appellants in that action have been allowed to submit an argument on their motion for a rehearing, which involves an examination of the same question. It will not be necessary to consider the other…
2Cases cited3 opinions
- Thornton v. MahoneyCalifornia Supreme Court · 1864
- Cordier v. SchlossCalifornia Supreme Court · 1859
- Gates v. WalkerCalifornia Supreme Court · 1868
3Cited by10 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- In re Davis' EstateMontana Supreme Court · 1891
- Cottier v. SullivanWyoming Supreme Court · 1934
- Seibel v. ByersMontana Supreme Court · 1959
- Wills v. MorrisMontana Supreme Court · 1935
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