Johnson County Savings Bank v. Joe Klaffki Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by tlie Johnson County Savings Bank against the Joe Klaffki Company. Judgment was rendered in favor of defendant, and plaintiff appeals.
1Opinion of the CourtJustice Pigott
Motion to dismiss appeal. On December 11, 1901, the plaintiff served the defendant with notice of appeal from a judgment, and on December 19, 1901, caused the same to be filed in the office of the clerk of the court below. On the day last mentioned the plaintiff caused to be filed an undertaking on appeal. The respondent moves a dismissal upon the ground that the undertaking was not filed within five days after -the *385service of tlie notice of appeal. In opposition to the motion the appellant contends that since the undertaking was filed on the same day the notice was filed, though more than…
2Cases cited2 opinions
- Hastings v. HalleckCalifornia Supreme Court · 1858
- Brown v. GreenCalifornia Supreme Court · 1884
3Cited by3 opinions
- Clarke v. SwartzMontana Supreme Court · 1930
- Fey v. A A Oil Corp.Montana Supreme Court · 1953
- Flynn v. FlynnMontana Supreme Court · 1955