Woodman v. Calkins
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Judgment was rendered for plaintiff below by Hunt, J. On motion to dismiss appeal.
1Opinion of the Court
Blake, C. J.—
The judgment in this action was entered May 16, 1892, and the notice of appeal and undertaking on appeal were filed June 6, 1892. The transcript was filed June 25, 1892, in this court, and the respondent moves to dismiss the appeal upon the ground that the undertaking does not conform to the provisions of the Code of Civil Procedure: “ The undertaking on appeal .... must be executed .... to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars.....” (§ 423.) The…
2Cases cited3 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Stapleton v. PeaseMontana Supreme Court · 1876
- Territory of Montana v. MilroyMontana Supreme Court · 1888
3Cited by4 opinions
- Creek v. Bozeman Water Works Co.Montana Supreme Court · 1899
- Gassert v. StrongMontana Supreme Court · 1908
- Skinner v. HoltSouth Dakota Supreme Court · 1896
- Coleman v. PerryMontana Supreme Court · 1900