State Ex Rel. Reid v. District Court of Second Judicial District

MR. JUSTICE ANGSTMAN:

(concurring in the result).

I agree with the result reached in the foregoing opinion but not with all that is said in it.

I do not agree that the dismissal of the attempted appeal in the ease of In re Blankenbaker’s Estate, 108 Mont. 383, 91 Pac. (2d) 401, had the effect of affirming the order attempted to be appealed from. I think R. C. M. 1947, sec. 93-8020, providing that the dismissal of an appeal has the effect of an affirmance of the judgment or order appealed from has application to a situation where there was an appeal from an appealable order or judgment but which…