Bickford v. Kirwin
Montana Supreme Court
Appeal from District Court, Flathead County; D. F.-Smith, Judge. Action by F-. L. Bickford against Thomas Kirwin and others. From the judgment, plaintiff appeals. Statement of ti-ie Case.
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Appeal from District Court, Flathead County; D. F.-Smith, Judge. Action by F-. L. Bickford against Thomas Kirwin and others. From the judgment, plaintiff appeals. Statement of ti-ie Case. This action was. brought to recover judgment against the defendants, for the sum of $.450, alleged to. be due as rent for the three -months, beginning on August 15, and ending on November 15, 1901, under a lease by the plaintiff to the defendant Kirwin of certain premises in Kalispell, Flathead county. The lease was for a term of two years from and after March 15, 1901, rent payable monthly, at the rate of…
1Opinion of the Court
MB. CHIEF JUSTICE, BBANTLY,
after stating the case, delivered the opinion of the court.
1. At the hearing the respondents submitted a motion to dismiss the appeal on the ground that the record does not contain a copy of the judgment roll. There is no merit in the motion. It is true there is no formal roll consisting of the papers enumerated in Section 1196 of the Code of Civil Procedure, for the obvious reason that no formal answer was ever filed in the cause. The only papers which could be incorporated in the roll were the complaint, stipulation — with the exhibit attached — the judgment, and…
2Cases cited2 opinions
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
- Overseer of Franklin Township v. Overseer of Lebanon TownshipSupreme Court of New Jersey · 1888
3Cited by5 opinions
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- Lyon v. Dailey Copper M. & S. Co.Montana Supreme Court · 1912
- Pipkin v. ConnollyMontana Supreme Court · 1975
- Marshall v. SummersCourt of Appeals of Tennessee · 1996