United States v. Ensign
Montana Supreme Court
Ajpjpeal from, Second, District, Deer Lodge County. Tbe judgment at the April term was rendered in accordance with the practice in such cases, and is good and sufficient in law. The theory of the common law is, that the rendition of a judgment is the act of the law, not of the court. Ereeman on Judgments, 546. The journal entry shows that the plaintiff was entitled to judgment, and that it was the intention of the court to give effect to the law. Nothing more was needed.
Read the full summary
Ajpjpeal from, Second, District, Deer Lodge County. Tbe judgment at the April term was rendered in accordance with the practice in such cases, and is good and sufficient in law. The theory of the common law is, that the rendition of a judgment is the act of the law, not of the court. Ereeman on Judgments, 546. The journal entry shows that the plaintiff was entitled to judgment, and that it was the intention of the court to give effect to the law. Nothing more was needed. No particular formula of words are necessary to constitute a valid judgment. Defects in phraseology, or the failure to…
1Opinion of the Court
"Wade, C. J.
This is an action upon an undertaking. The facts are as follows: At the September term, 1873, of the district court within and for the county of Deer Lodge, sitting to hear and determine causes arising under the constitution and laws of the United States, an indictment was found against the defendant Ensign and others, charging them with a conspiracy to defraud the United States. Thereupon, on the 31st day of December, 1873, Ensign filed with the clerk of the court a bond conditioned for his appearance at the ensuing April term of the court to answer such charge, in the sum of…
2Cases cited1 opinion
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
3Cited by6 opinions
- United States v. WilliamsMontana Supreme Court · 1887
- Haupt v. BurtonMontana Supreme Court · 1898
- Kapp v. Seventh Judicial District Court of the State of Nevada ex rel. County of EsmeraldaNevada Supreme Court · 1910
- Finlen v. HeinzeMontana Supreme Court · 1902
- State v. BabbMontana Supreme Court · 2003
1 more not listed; retrieve them via the Exa API.