Dietrich v. Steam Dredge & Amalgamator
Montana Supreme Court
Appeal from, Ninth Judicial District, Gallatin County. Action in rem. Judgment was rendered for plaintiff below by Armstrong, J. On motion to dismiss appeal. Statement of the case by the justice delivering the opinon: This action was brought under the provisions of title 7, chapter 5, of the Code of Civil Procedure, as to “Attachment of Boats.”
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Appeal from, Ninth Judicial District, Gallatin County. Action in rem. Judgment was rendered for plaintiff below by Armstrong, J. On motion to dismiss appeal. Statement of the case by the justice delivering the opinon: This action was brought under the provisions of title 7, chapter 5, of the Code of Civil Procedure, as to “Attachment of Boats.” The complaint opens with the allegation: “That the defendant is, and at all times hereinafter mentioned has been, a boat; that the same has no name, to the knowledge of the plaintiff, but has been used as a steam dredge or shovel, with an amalgamator…
1Opinion of the CourtDe Witt, J.
We will first examine the notice of appeal, and ascertain what is before us. In the notice it is stated that the appellant appeals from the order of the court refusing to open the default, and refusing to allow the Commercial National Bank to intervene. These orders were made September 13, 1892, upon a motion made June 23, 1892. These were special orders, made (September 13th) after final judgment, which was entered June 18th. An appeal from a special order made after final judgment must be taken within sixty days. (Code Civ. Proc., § 421.) This appeal was taken February 1, 1893, which was…
2Cited by6 opinions
- Mercantile Trust Co. v. Stockton Terminal & Eastern RailroadCalifornia Court of Appeal · 1919
- Nation v. NationWyoming Supreme Court · 1986
- Dietrich v. MartinMontana Supreme Court · 1900
- Schulz, Davis & Warren v. MarinkovichMontana Supreme Court · 1983
- Nation v. NationWyoming Supreme Court · 1986
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