Merk v. Bowery Mining Co.
Montana Supreme Court
Appeal from District Court, Madison County; M. II. Parker, Judge. Action by F. R. Merle and another against the Bowery Mining Company and others. From a judgment for plaintiffs, and from an order overruling a motion for a new trial, defendant Bowery Mining Company alone appeals. Respondents filed a motion to dismiss the appeal.
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
This is an appeal by the Bowery Mining Company from a judgment against defendants and from an order overruling its motion for a new trial.
Counsel for respondents moves the court to dismiss the appeaL on the ground that the notice of appeal was not served on John Berkin, one of the defendants, who is claimed to be an adverse party within the meaning of the statute. (Code of Civil Procedure, Section 1724.) This motion must be disposed of before entering into a -consideration of the case, because, if granted, this court has no…
2Cases cited18 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Senter v. De BernalCalifornia Supreme Court · 1869
- Angus v. CravenCalifornia Supreme Court · 1901
- Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Fratt v. Daniels-Jones Co.Montana Supreme Court · 1913
- Sanborn v. Lewis & Clark CountyMontana Supreme Court · 1941
- Snider v. YarbroughMontana Supreme Court · 1911
- Thomas v. Standard Development Co.Montana Supreme Court · 1924
32 more not listed; retrieve them via the Exa API.