Raymond v. Thexton
Montana Supreme Court
Appeal from District Court, Madison County. STATEMENT. The record showed that the statement consisted, first, of the pleadings, then a deposition, and seventy pages of testimony, transcribed by the stenographer from his notes, including his entries of exceptions taken.
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Appeal from District Court, Madison County. STATEMENT. The record showed that the statement consisted, first, of the pleadings, then a deposition, and seventy pages of testimony, transcribed by the stenographer from his notes, including his entries of exceptions taken. The stenographer attached to said seventy pages the following certificate: — - “ I hereby certify that I have transcribed my notes, taken in the above-entitled cause, fully and accurately, to the best of my skill and ability, and that the foregoing seventy pages is such transcript. (Signed) “ W, T. Catón, “ Stenographer Third…
1Opinion of the CourtGalbraith, J.
This is a motion to strike from the record certain portions of the transcript, on an appeal from an order overruling a motion for a new trial. The *303first of these alleged .objectionable portions of the transcript are the original complaint and the demurrer thereto. Before any action was had by the court upon the demurrer to the original complaint, the respondent filed án amended complaint for substantially the same cause of action, and dismissing as to one of the defendants, mentioned in the original complaint as executor. This was a virtual confession of the demurrer. No objection was made to…
2Cases cited9 opinions
- Montana R'y Co. v. WarrenMontana Supreme Court · 1887
- Ferrer v. Home Mutual InsuranceCalifornia Supreme Court · 1874
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- Adams v. DohrmannCalifornia Supreme Court · 1883
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3Cited by17 opinions
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- Butte Butchering Co. v. ClarkeMontana Supreme Court · 1897
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