Ogle v. Potter
Montana Supreme Court
Appeal from District Court, Gallatin County¡ F. K. Armstrong, Judge. Action by J. F. Ogle and another against William Potter. There was a judgment for plaintiffs, and from an order granting a new trial plaintiffs appeal. Statement of the Case. This action was brought to obtain a dissolution of a co-partnership between plaintiffs and defendant, and an adjournment of the co-partnership accounts.
Read the full summary
Appeal from District Court, Gallatin County¡ F. K. Armstrong, Judge. Action by J. F. Ogle and another against William Potter. There was a judgment for plaintiffs, and from an order granting a new trial plaintiffs appeal. Statement of the Case. This action was brought to obtain a dissolution of a co-partnership between plaintiffs and defendant, and an adjournment of the co-partnership accounts. After the answer was filed, and on November 14, 1896, the parties stipulated in open court that the cause might be referred to one W. J. Stevenson, to try all the issues involved, and to report findings…
1Opinion of the CourtChief Justice Brantly
It was held by this Court in Whitbeck v. Montana Central Railway Co., 21 Mont. 102, 52 Pac. 1098, that an appealable order, regularly made, cannot be reviewed or set aside by the court making it, except in the cases provided by statute. In that case judgment had been rendered upon the pleadings in defendants’ favor. Subsequently, and before entry of the judgment, the court, concluding that it was erroneous, set it aside upon its own motion. This action was held to be in excess of jurisdiction, in view of the provisions of the Code of Civil Procedure prescribing a mode for securing a new trial…
2Cases cited2 opinions
- Arnold v. SinclairMontana Supreme Court · 1892
- Whitbeck v. Montana Central Railway Co.Montana Supreme Court · 1898
3Cited by24 opinions
- State ex rel. Smith v. District CourtMontana Supreme Court · 1919
- State Bank v. SchultzeMontana Supreme Court · 1922
- State Ex Rel. Reid v. District Court of Second Judicial DistrictMontana Supreme Court · 1952
- State ex rel. McHatton v. District CourtMontana Supreme Court · 1918
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
19 more not listed; retrieve them via the Exa API.