Parrott v. McDevitt
Montana Supreme Court
Appeal from, Third Judicial District, Deer Lodge County. Plaintiff’s motion for the nunc pro tunc entry of the judgment rendered in Parrott v. Hungelburger, 9 Mont. 526, was denied by Durfee, J. I. When a judgment has been rendered in a cause it becomes the duty of the clerk to make a record entry of it in an official book kept for that purpose. (1 Black on Judgments, § 110; Keene v. Welsh, 8 Mont. 309; Code Civ. Proc.j § 30-1, Comp. Stats.) II.
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Appeal from, Third Judicial District, Deer Lodge County. Plaintiff’s motion for the nunc pro tunc entry of the judgment rendered in Parrott v. Hungelburger, 9 Mont. 526, was denied by Durfee, J. I. When a judgment has been rendered in a cause it becomes the duty of the clerk to make a record entry of it in an official book kept for that purpose. (1 Black on Judgments, § 110; Keene v. Welsh, 8 Mont. 309; Code Civ. Proc.j § 30-1, Comp. Stats.) II. The neglect or failure of the clerk to make a proper entry of record of a judgment, or a defective or inaccurate entry of it, will not, as between…
1Opinion of the CourtDe Witt, J.
A motion was made in this case to strike out a large portion of the record, called a “bill of exceptions,” on two grounds: 1. That D. M. Durfée, who signed the bill of exceptions, was not, at the time he signed it (January 5,1893), a judge of the court; and 2. It does not appear that the bill of exceptions was served on respondent’s attorneys, or that they had notice of the same.
While we have judicial knowledge of the fact that Judge Durfee’s term of office expired on the last day of December, 1892, still, in the record, we find him acting as judge, in signing a bill of exceptions, on January…
2Cases cited6 opinions
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
- Keene v. WelshMontana Supreme Court · 1889
- Barber v. BriscoeMontana Supreme Court · 1890
- Comanche Mining Co. v. RumleyMontana Supreme Court · 1870
- Parrott v. HungelburgerMontana Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
- Power v. LenoirMontana Supreme Court · 1899
- Carter v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- State ex rel. Jones v. District CourtMontana Supreme Court · 1914