Jackway v. Hymer
Montana Supreme Court
Appeal from District Court, Carbon County; Sydmey Pox, Judge. Action by W. E. Jackway against William E. Hymer. From a special order made after final judgment, defendant appeals. Cause submitted on briefs of counsel.
1Opinion of the CourtJustice Holloway
This is an attempted appeal from a special order made after final judgment. Respondent contends that this court has no-jurisdiction of the appeal; that the appeal was not taken within the time limited by law, and should therefore be dismissed.
Section 7099, Revised Codes, provides that -an appeal from such an order must be taken within sixty days after the order is made or filed with the clerk. The record discloses that the order in question was made and filed on December 7, 1909. Section 7100, Revised Codes, provides that an appeal is taken by filing and serving a notice of appeal. The notice…
2Cases cited8 opinions
- Featherman v. Granite CountyMontana Supreme Court · 1903
- Ogle v. PotterMontana Supreme Court · 1900
- Vreeland v. EdensMontana Supreme Court · 1907
- Wright v. MathewsMontana Supreme Court · 1903
- Kaufman v. CooperMontana Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Bank v. SchultzeMontana Supreme Court · 1922
- State Ex Rel. Reid v. District Court of Second Judicial DistrictMontana Supreme Court · 1952
- State ex rel. Clark v. District Court of the Tenth Judicial DistrictMontana Supreme Court · 1955
- Kelly v. Independent Publishing Co.Montana Supreme Court · 1912
- City of Bozeman v. NelsonMontana Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.