Pardee v. Murray
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The statute of Montana territory provides that, to make an appeal effectual for any purpose, the appellant shall, within five days after the service of the notice of appeal, file an undertaking. See Code of Civil Procedure of Montana for the year A. D. 1877, p. 150, sec. 409. The notice of appeal was mailed, as it appears by the record, on the 5th day of June, 1880, and directed to W. F. Sanders, Helena, Montana territory.
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Appeal from Second District, Deer Lodge County. The statute of Montana territory provides that, to make an appeal effectual for any purpose, the appellant shall, within five days after the service of the notice of appeal, file an undertaking. See Code of Civil Procedure of Montana for the year A. D. 1877, p. 150, sec. 409. The notice of appeal was mailed, as it appears by the record, on the 5th day of June, 1880, and directed to W. F. Sanders, Helena, Montana territory. As will appear by the affidavit of Hiram Knowles, filed with this motion, the distance between Deer Lodge, Deer Lodge…
1Opinion of the CourtWade, C. J.
The respondent moves to dismiss this appeal for the reason that the undertaking was not filed within the time prescribed-by the statute.
The notice of appeal was served on the 5th day of June, 1880, and the undertaking was filed on the 10th day of July, 1880.
The code, section 409, provides that an appeal is taken by filing with the clerk of the court in which the judgment is rendered, or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar noticec on the adverse party or his attorney. The section fur*37fcher provides that…
2Cases cited3 opinions
- Hastings v. HalleckCalifornia Supreme Court · 1858
- Whipley v. MillsCalifornia Supreme Court · 1858
- Aram v. ShallenbergerCalifornia Supreme Court · 1871
3Cited by3 opinions
- Hines v. CarlMontana Supreme Court · 1899
- Territory v. HarrisMontana Supreme Court · 1888
- Flynn v. FlynnMontana Supreme Court · 1955