Payne v. Davis
Montana Supreme Court
Appeal from, Third District, Lewis emd Olorice County. ChumaseRO & Chadwioe, for the motion to dismiss the appeal.
1Opinion of the CourtBlare, J.
The respondents have filed a motion to dismiss this appeal because the amount in dispute is less than $100. The transcript shows that the value of the property involved in the action is $50, and that the costs exceed $80. In considering questions of jurisdiction, the amount of the costs forms no part of the matter in dispute and cannot be regarded in determining this motion. Bolton v. Landers, 27 Cal. 106; Walker v. United States, 4 Wall. 164.
The respondents rely upon the following section, which provides that this court “shall have appellate jurisdiction in all civil cases where the amount…
2Cases cited11 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Walker v. United StatesSupreme Court of the United States · 1866
- Gale & Elliott v. Tuolumne Water Co.California Supreme Court · 1859
- Seymour v. . JuddNew York Court of Appeals · 1849
- Hestres v. ClementsCalifornia Supreme Court · 1863
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3Cited by6 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Smith v. DuffMontana Supreme Court · 1909
- Harrigan v. LynchMontana Supreme Court · 1898
- Lloyd v. SullivanMontana Supreme Court · 1890
- Morin v. WellsMontana Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.