Legal Opinion · Dissent

State v. Biesman

Montana Supreme Court

Decided March 28, 1892Published

Appeal from, Third Judicial District, Deer Lodge County. Action on criminal recognizance. The defendants’ demurrer was sustained and judgment rendered in their favor by Durfee, J.

1Dissent

De Witt, J. (dissenting).

The recognizance given on the appeal in this case, from the Justice’s Court to the District Court, was, in form and substance, that required by the statute. (§ 510, Crim. Prac. Act.). It undertook to pay all judgments for fine and costs that might be rendered against Biesman in the District Court. The breach alleged in the complaint in this case is that the appeal was dismissed in the District Court on the motion of the appellant, the defendant in the Justice’s Court. The defendants in this ease, Mahan and Walker, are sureties on the bond on appeal from the justice’s…

2Cases cited16 opinions

  1. Rowland v. KreyenhagenCalifornia Supreme Court · 1864
  2. Beecher v. Lewis & BagbySupreme Court of Virginia · 1888
  3. Drummond v. . HussonNew York Court of Appeals · 1856
  4. Watson v. HussonThe Superior Court of New York City · 1852
  5. Gillett v. TreganzaWisconsin Supreme Court · 1858

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