Farleigh v. Kelly
Montana Supreme Court
On Motion to Dismiss Appeal. Appeal from District Court, Jefferson County, Henry C. Smith, Judge. Petition by Caroline Kelly for probate of the will of John D. Allport, deceased, to which Lillie Sue Farleigh and others filed objections. Contestants moved to dismiss proponent’s appeal from a judgment against her and an order denying a new trial.
1Opinion of the CourtJustice Word
Respondents move the court to strike from the record on appeal the statement of the case on motion for new trial, and to dismiss the appeal in said action, for the following reasons:(1) Because the said statement was not served on respondents’ attorneys, or settled, allowed, or filed, within the time prescribed by the Code of Civil Procedure, the.time for serving settling, or filing such statement not having been extended by stipulation of parties, or by an order of the court in which the case was tried, or by- the judge thereof.(2) Because no brief has been served on respondents’ attorneys…
2Cases cited6 opinions
- Ex parte NelsonSupreme Court of Alabama · 1878
- Gardner v. JonesCalifornia Supreme Court · 1899
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1893
- Holden v. HaserodtSouth Dakota Supreme Court · 1892
- Matthews v. Superior CourtCalifornia Supreme Court · 1886
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3Cited by6 opinions
- Pincus v. DavisMontana Supreme Court · 1933
- State ex rel. Mannix v. District CourtMontana Supreme Court · 1915
- Hill v. Nelson Coal Co.Montana Supreme Court · 1909
- Rowan v. Gazette Printing Co.Montana Supreme Court · 1923
- McLeod v. McLeodMontana Supreme Court · 1952
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