King v. Allen
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj John Lmd-say, Judge. ActioN by Silas King and others ag’ainst John Allen and others. From a judgment for defendants for costs* and from an order disallowing certain items of costs; defendants appeal. STATEMENT OE THE CASE.
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Appeal from District Court, Silver Bow Countyj John Lmd-say, Judge. ActioN by Silas King and others ag’ainst John Allen and others. From a judgment for defendants for costs* and from an order disallowing certain items of costs; defendants appeal. STATEMENT OE THE CASE. Thei purpose of this action was to recover a judgment for damages for trespasses alleged to have- been committed by the defendants by entry upon exterior portions of the Silver King lode, the property of the plaintiffs, and the. removal therefrom of large quantities of valuable ore. Equitable relief wias also sought by…
1Opinion of the Court
MR CHIEF JUSTICE, BRANTUY,
after stating the case, delivered, the opinion of the court.
1. No appeal lies from an order taxing costs. (Montana, Ore Purchasing Co. v. Boston & Montana C. C. & S. M. Co., 21 Mont. 288, 10 Pac. 1114; Murray v. Northern Pacific Ry. Co., 26 Mont. 268, 61 Pac. 625.) The attempted appeal from the order must therefore be dismissed. The appeal from the judgment, however, properly presents for review the controversy of the parties, and the action of tire district court thereon.
2. Contention is made by the appellants that the memorandum. filed by them with the clerk of the…
2Cases cited6 opinions
- City of San Francisco v. CollinsCalifornia Supreme Court · 1893
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Barnhart v. KronCalifornia Supreme Court · 1891
- Hibbard v. TomlinsonMontana Supreme Court · 1874
- Murray v. Northern Pacific Railway Co.Montana Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chessman v. HaleMontana Supreme Court · 1905
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- First State Bank v. LarsenMontana Supreme Court · 1925
- Gahagan v. GuglerMontana Supreme Court · 1935
- Brande v. Babcock Hardware Co.Montana Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.