Valadon v. Lohman
Montana Supreme Court
Appeal from District Court, Chouteau County; Frank N. Utter, Judge. Action by Joseph F. Valadon against A. S. Lohman. From a judgment of the district court dismissing an appeal from a judgment in a justice’s court, plaintiff appeals.
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Appeal from District Court, Chouteau County; Frank N. Utter, Judge. Action by Joseph F. Valadon against A. S. Lohman. From a judgment of the district court dismissing an appeal from a judgment in a justice’s court, plaintiff appeals. This court has cited with approval a holding that the three essential elements of jurisdiction are: (1) The court must have cognizance of the class of eases to which the one to be adjudged belongs; (2) the proper parties must be present, and (3) the point decided must be in substance and effect within the issue. (Sloan v. Byers, 37 Mont. 511, 97 Pae. 855.) It has…
1Opinion of the CourtChief Justice Brantly
This action was commenced in the justice’s court of Havre township, Chouteau county, on June 12, 1909, to recover damages for a trespass by defendant upon land belonging to plaintiff. In the justice’s court the plaintiff had judgment. The defendant having given notice of appeal to the district court and filed his undertaking with the justice, the record was filed in that court on July 28, 1909. The notice was properly em titled in the court and cause, and reads as follows: “You will please take notice that the defendant in the above-entitled action hereby appeals to the district court of the…
2Cases cited3 opinions
- Jenkins v. CarrollMontana Supreme Court · 1910
- State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910
- Davidson v. O'DonnellMontana Supreme Court · 1910
3Cited by4 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1928
- Krause v. Insurance Co. of North AmericaMontana Supreme Court · 1925
- Marlowe v. Michigan Stove Co.Montana Supreme Court · 1913