Hurley v. O'Neill
Montana Supreme Court
Appeal from District Court, Silver Bow County; John Lindsay, Judge. Action by Mary Ann Hurley against Patrick O’Neill. From a judgment in favor of defendant, and an order overruling a motion for a new trial, plaintiff appeals. On motion to dismiss the appeal as to the order denying a new trial. Dismissed.
1Per curiam
— Motion to dismiss an appeal from an order denying plaintiff’s motion for a new trial. It is based on the ground that this court has no jurisdiction of the appeal, for the reason that appellant has hied no undertaking to make the appeal effectual under section 1724 of the Code of Civil Procedure.
It appears from the record that the appellant gave notice of appeal both from the judgment, and from the order denying her a new trial, but the undertaking hied recites the appeal from the judgment only, and contains no reference to the appeal from the order. Under these circumstances, the only…
2Cases cited5 opinions
- Schurtz v. RomerCalifornia Supreme Court · 1889
- Pacific Paving Co. v. BoltonCalifornia Supreme Court · 1891
- Ramsey v. BurnsMontana Supreme Court · 1900
- Watkins v. MorrisMontana Supreme Court · 1894
- Berniaud v. BeecherCalifornia Supreme Court · 1888
3Cited by2 opinions
- Magee v. WhitacreNevada Supreme Court · 1939
- Pirrie v. MouleMontana Supreme Court · 1905