Palmer v. Spaulding

This action, brought for the purpose of recovering the possession of certain personal property, originated in a justice’s court of Gallatin county. From a judgment in plaintiff’s favor, defendant appealed to the district court. Plaintiff moved that court to dismiss the appeal on grounds the merits of which need not be noticed. The court sustained the motion, causing to be entered in the minutes the following order: “Motion to dismiss, heretofore taken under advisement, is at this time sustained by the court.” From this order the defendant thereupon attempted to appeal to this court as from a…