Clark v. Great Northern Railway Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. IF. Ilarney, Judge. Action by G. Gordon Clark against tlie Great Northern Railway Company. From a judgment for plaintiff, defendant appeals. It appears from tlie justice’s, docket that on December 12th, the date fixed for the trial, this case was adj ourned indefinitely and without date “at the plaintiff’s request owing to the defendant’s absence,” and nothing further done until December 18th.
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Appeal from District Court, Silver Bow County; E. IF. Ilarney, Judge. Action by G. Gordon Clark against tlie Great Northern Railway Company. From a judgment for plaintiff, defendant appeals. It appears from tlie justice’s, docket that on December 12th, the date fixed for the trial, this case was adj ourned indefinitely and without date “at the plaintiff’s request owing to the defendant’s absence,” and nothing further done until December 18th. Section 1590, Code of Civil Procedure, provides that: “Unless postponed as provided in this chapter (Secs. 1591-1593), or unless transferred to another…
1Opinion of the CourtJustice Holloway
*462This action was commenced in a justice of the peace court for Silver Bow county by the respondent, wlm was plaintiff below, to recover for work and labor alleged to have been performed for the defendant railway company. On December 2, 1902, the defendant appeared in the justice court and filed its answer, putting in issue the allegations of the complaint. On December 5th the justice of the peace fixed December 12, 1902, at 2 o’clock p. m., as the. time for the trial of the cause, and gave due notice as required by Section 1511 of the Code of Civil Procedure. On December 12th, at the time…
2Cases cited2 opinions
- State ex rel. Shanahan v. LindsayMontana Supreme Court · 1899
- Covart v. HaskinsSupreme Court of Kansas · 1888
3Cited by3 opinions
- State ex rel. Grissom v. Justice CourtMontana Supreme Court · 1904
- Duane v. MolinakMontana Supreme Court · 1904
- Wise v. PolejewskiMontana Supreme Court · 2013