Hill v. Cassidy
Montana Supreme Court
Appeal from District Court, Silver Bow County. Action by James Gr. Hill against Charlotte Cassidy. Judgment for plaintiff. Defendant appeals. Dismissed. Motion for rehearing.
1Per curiam
1. On March 27th of this year, on motion of the respondent, an order was made dismissing the appeal herein because of the insufficiency of the undertaking. We are now asked to grant a rehearing upon this motion, on two grounds: (1) Thát the undertaking is sufficient under the statute, — a fact, the appellant insists, the Court overlooked, by failing to consider all the conditions of the instrument; and (2) that the failure on the part of the appellant to tender and file a sufficient undertaking before the motion to dismiss, was submitted was due to excusable neglect.
The undertaking, a copy…
2Cases cited4 opinions
- Schallert-Ganahl Lumber Co. v. NealCalifornia Supreme Court · 1892
- O'Keefe v. WeberOregon Supreme Court · 1886
- Duffy v. GreenebaumCalifornia Supreme Court · 1887
- Williams v. GastonCalifornia Supreme Court · 1900
3Cited by2 opinions
- Weiser River Fruit Ass'n v. FelthamIdaho Supreme Court · 1918
- Schwab v. KapplerMontana Supreme Court · 1909