Emerson v. Bigler
Montana Supreme Court
Appeal from District Court, Flathead County; D. F. aSmith, Judge. Statement of the case by the justice delivering the opinion. The complaint in this case alleges that the plaintiffs and the defendant, about June, 1893, entered into a co-partnership for the purpose of buying, selling, and raising cattle in Flathead county, and continued to transact such partnership business until July 30, 1895,' when the partnership was dissolved by mutual consent.
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Appeal from District Court, Flathead County; D. F. aSmith, Judge. Statement of the case by the justice delivering the opinion. The complaint in this case alleges that the plaintiffs and the defendant, about June, 1893, entered into a co-partnership for the purpose of buying, selling, and raising cattle in Flathead county, and continued to transact such partnership business until July 30, 1895,' when the partnership was dissolved by mutual consent. It seems that they did business without any firm name. The complaint sets forth that the defendant sold a number of cattle belonging to the…
1Opinion of the CourtPemberton, C. J.
The defendant claims that the failure of the referee to file his report in court within the 10 days prescribed by Section 1139 of the Code of Civil Procedure, invalidates the report and judgment rendered thereon, and that he is consequently entitled to .a new trial. We think this section is directory only, and that the failure of the referee to file his report in 10 days did not entitle the defendant to a new trial. (Keller v. Sutrick, 22 Cal. 472; Broad v. Murray, 44 Cal. 228; McQuillan v. Donahue, 49 Cal. 157.) If the defendant for any reason had desired the report filed sooner than the…
2Cases cited3 opinions
- McQuillan v. DonahueCalifornia Supreme Court · 1874
- Holland v. HustonMontana Supreme Court · 1897
- Broad v. MurrayCalifornia Supreme Court · 1872
3Cited by10 opinions
- Klind v. Valley County BankMontana Supreme Court · 1924
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Meredith v. RomanMontana Supreme Court · 1914
- Osmers v. FureyMontana Supreme Court · 1905
- Alexander v. StateMontana Supreme Court · 1963
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