Carr, Ryder & Adams Co. v. Closser
Montana Supreme Court
On Motion to Strike. Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Action by the Carr, Byder & Adams Company against Eloyd Closser and another. Bindings in favor of plaintiff were entered, and from an order granting a new trial the plaintiff appeals. On motion to strike out from the transcript notice of intention to move for a new trial.
1Opinion of the CourtJustice Pigott
Findings in favor of plaintiff and against the defendants having been entered in the court below, the defendants moved for a new tidal which was granted. The plaintiff has appealed from the order granting it. It now moves this Court to strike from the transcript the notice of intention to move for a new trial, on the ground that the notice is improperly included therein. •
It appears that the clerk of the court below inserted in the transcript a copy of the notice of-intention to- move for a new trial without any request therefor upon the part of the plaintiff. The notice is not made part of…
2Cited by3 opinions
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- Kranich v. Helena Consolidated Water Co.Montana Supreme Court · 1902