Oppenheimer v. Regan
Montana Supreme Court
Appeal from District Court, Silver Bow County; Wot. Clancy, Judge. Action by J. E. Oppenheimer against P. H. Began, as. sheriff of Silver Bow county. Erom a judgment in favor of plaintiff, and from an order denying defendant a new trial, he appeals. Statement oe the Case.
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Appeal from District Court, Silver Bow County; Wot. Clancy, Judge. Action by J. E. Oppenheimer against P. H. Began, as. sheriff of Silver Bow county. Erom a judgment in favor of plaintiff, and from an order denying defendant a new trial, he appeals. Statement oe the Case. On June Y, 1898, J. B. Brown and I. A. Heilbronner, as co-partners doing business under the firm name of Brown & Heilbronner, recovered a judgment before P. H. Burns, a justice of the peace of Silver Bow county, against J. J. Beilly, T. B. Elood, and Henry Canfield, copartners under the firm name of J. J. Beilly & Co. At the…
1Opinion of the Court
MR. CHIEE JUSTICE BRANTLY,
after stating the case, delivered the opinion of the court.
Though many questions are argued in the briefs of counsel, the only one necessary to be decided arises upon the contention *115of the appellant that the justice’s court had no jurisdiction to entertain the action, and that, inasmuch as the jurisdiction of the district court is appellate and not original, and therefore the same as tfiat of the justice’s court, the action should have been dismissed.
It does not appear that the jurisdiction of the justice was challenged before or during the trial, but in the district…
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