Daniels v. Andes Insurance Co.
Montana Supreme Court
Appeal from Third District, Lewis cmd Cla/rke County. The action was tried by Wade, J., with a jury, and a judgment for Daniels was entered on the verdict. Tbe respondent moved to strike from the transcript certain parts and papers.
1Opinion of the CourtENowles, J.
The respondent, by his motion, asks this court to strike from the transcript that part called a statement, and all portions thereof which do not properly constitute the judgment roll.
The part of this transcript entitled “ motion and statement for a new trial,” is nothing but a motion for a new trial. A statement under the statute, when applied to a motion for a new trial, refers to this evidence introduced on the trial. The evidence, which is made a part of the record, does not purport to have been used on the hearing of the motion for a new trial. By inference from the certificate of the…
2Cases cited2 opinions
- Bryce v. . Lorillard Fire Ins. Co.New York Court of Appeals · 1873
- Lick v. DiazCalifornia Supreme Court · 1872
3Cited by4 opinions
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Murray v. PolglaseMontana Supreme Court · 1899
- Montana Lumber & Produce Co. v. HowardMontana Supreme Court · 1891
- Maddox v. TeagueMontana Supreme Court · 1896