Twell v. Twell
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The opinion states the facts.
1Opinion of the CourtWade, C. J.
This is an appeal from a judgment. There was no motion for a new trial. The record contains the evidence, and one of the questions presented by the appellants is that the findings of fact by the court are not warranted by the evidence. There was a motion entered to strike the evidence from the record, for the reason that as there was no motion for a new trial, or statement on such motion, the evidence could not be examined on this appeal. This motion is well taken. We have repeatedly held that the evidence could not be reviewed unless brought here *20on a motion for a new trial. The case of…
2Cases cited20 opinions
- Jones v. GreenSupreme Court of the United States · 1864
- Feigley v. FeigleyCourt of Appeals of Maryland · 1855
- Smith v. Railroad Co.Supreme Court of the United States · 1879
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1870
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
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3Cited by10 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- State ex rel. Wooten v. District CourtMontana Supreme Court · 1920
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- State v. WidenhoferMontana Supreme Court · 1997
- Leopold v. SilvermanMontana Supreme Court · 1888
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