Schalk v. Breshnahan

MR, JUSTICE ANG-STMAN

dissenting:

I disagree with the foregoing opinion for two reasons. In the first place, there is nothing before us for consideration. The order attempted to be appealed from is not an appealable order.

Plaintiff did not see fit to appeal from the order setting aside the default judgment which he might have done. Galbreath v. Aubert, 116 Mont. 490, 157 P.2d 105. Instead he filed what he denominated a motion “to rehear motion to vacate judgment and to reconsider order setting aside default.” That motion was filed on May 19, 1958, and denied on October 7, 1958.

*133It was then too…