Hibbard v. Tomlinson
Montana Supreme Court
Appeal from, First District, Oallatm Oonnty. The judgment was rendered by See vis, J. The only question raised by appellant is the taxation of the costs. The judgment against appellant in probate court was $280.42; in district court it was $1 and costs. The court erred in refusing to tax all the costs'on the appeal against respondents. Civ. Pr. Act, § 417. The, court erred in refusing to re-tax costs taxed illegally in probate court.
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Appeal from, First District, Oallatm Oonnty. The judgment was rendered by See vis, J. The only question raised by appellant is the taxation of the costs. The judgment against appellant in probate court was $280.42; in district court it was $1 and costs. The court erred in refusing to tax all the costs'on the appeal against respondents. Civ. Pr. Act, § 417. The, court erred in refusing to re-tax costs taxed illegally in probate court. Votan v. Reese, 20 Cal. 90. Pespondents failed to recover judgment in district court for $50. Civ. Pr. Act, § 546. The appeal from the probate to district court…
1Opinion of the CourtENowlbs, J.
The notice of appeal in this case sets forth that the appeal is taken from the order overruling the defendant’s motion for judgment for costs. Also, that they appeal from the order overruling their motion to re-tax costs taxed in the probate court. Lastly, the notices specified', “ That the defendants appeal from the whole of the judgment rendered against them in said cause, in said district court, on the 1st day of November.” Upon an examination of the record we find that the judgment determining the merits of the case was entered November 1st, 1873. In the case of Rader v. Nottingham, ante,…
2Cited by7 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- State v. StoneMontana Supreme Court · 1909
- First National Bank v. NeillMontana Supreme Court · 1893
- King v. AllenMontana Supreme Court · 1903
- State ex rel. Pierson v. MillisMontana Supreme Court · 1897
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