Legal Opinion

City of Butte v. McKay

Montana Supreme Court

Decided September 30, 1915No. 3,564PublishedCited by 1 opinion

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

  1. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  2. Ferris v. McNallyMontana Supreme Court · 1912
  3. King v. AllenMontana Supreme Court · 1903
  4. Murray v. Northern Pacific Railway Co.Montana Supreme Court · 1902

3Cited by1 opinion

  1. Gahagan v. GuglerMontana Supreme Court · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API