State ex rel. Pierson v. Millis
Montana Supreme Court
Appeal from District Court, Carbon Cov/nty. Frank Henry, Judge. Mandamus on the relation of George W. Pierson against O. E. Millis, chairman of the board of county commissioners for Carbon county. Judgment was entered against defendant, who failed to appear, and from a special order thereafter made, denying his motion to reform said judgment and quash the alias execution, he appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Carbon Cov/nty. Frank Henry, Judge. Mandamus on the relation of George W. Pierson against O. E. Millis, chairman of the board of county commissioners for Carbon county. Judgment was entered against defendant, who failed to appear, and from a special order thereafter made, denying his motion to reform said judgment and quash the alias execution, he appeals. Statement of the case by the justice delivering the opinion. It appears that a proceeding in mandamus was instituted in the district court of the Sixth judicial district in the name of the state at the relation…
1Opinion of the CourtBuck, J.
This purported appeal is from a special order made in the case after final judgment. Rader v. Nottingham, 2 Mont. 157, affirmed in Orr v. Haskell, Id. 350, holds that an order overruling a motion to retax costs is not appealable. These cases are cited with some apparent doubt in Mining Co. v. Weinstein, 7 Mont. 346, 17 Pac. 108, but without disapproval, and are also commented upon in Ryan v. Maxey, 15 Mont. 100, 38 Pac. 228, and Bank v. Boyce, 15 Mont. 175, 38 Pac. 829. They still, however, correctly enunciate the law of Montana, that, in order to review a ruling on a motion to retax costs,…
2Cases cited10 opinions
- Somers v. SomersCalifornia Supreme Court · 1889
- Walsh v. HutchingsCalifornia Supreme Court · 1882
- Baker v. SnyderCalifornia Supreme Court · 1881
- Granite Mountain Mining Co. v. WeinsteinMontana Supreme Court · 1888
- Hibbard v. TomlinsonMontana Supreme Court · 1874
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3Cited by10 opinions
- Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
- Ferris v. McNallyMontana Supreme Court · 1912
- Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Rumney Land & Cattle Co. v. Detroit & Montana Cattle Co.Montana Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.