City of Butte v. McKay
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by the City of Butte against Nellie McKay. From an order taxing costs, plaintiff appeals.
1Opinion of the CourtChief Justice Brantly
Upon inspection of the record herein, we find that the plaintiff has attempted to appeal from an order of the district court taxing costs. We have frequently held that such orders are not appealable, but must be reviewed, if at all, upon an appeal from the judgment. (Murray v. Northern Pac. Ry. Co., 26 Mont. 268, 67 Pac. 625; Montana Ore Pur. Co. v. Boston & Mont. Con. C. & 8. Min. Co., 27 Mont. 288, 70 Pac. 1114; King v. Allen, 29 Mont. 5, 73 Pac. 1107; Ferris v. McNally, 45 Mont. 20, 121 Pac. 889.) This court is therefore without jurisdiction to consider the merits, and hence the appeal is…
2Cases cited4 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Ferris v. McNallyMontana Supreme Court · 1912
- King v. AllenMontana Supreme Court · 1903
- Murray v. Northern Pacific Railway Co.Montana Supreme Court · 1902
3Cited by1 opinion
- Gahagan v. GuglerMontana Supreme Court · 1935