Murphy v. Patterson
Montana Supreme Court
Appeal from District Court, Chouteau County/ Dudley Du Rose, Judge. Suit by John T. Murphy and others against George D. Patterson for the dissolution of a partnership and for an accounting. From an order confirming a receiver’s sale of partnership property, defendant appeals.
1Opinion of the CourtJustice Word
Appeal from an order confirming sale of partnership property. Sale was by receiver under an order of sale made after final judgment. The order of sale and the order appealed from were made in the case of Murphy v. Patterson, (this day decided), ante p. — , 63 Pac. 375.
No appeal was taken from the order of sale, which was an appealable order, since it was a special order made after final judgment. (Code of Civil Procedure, Section 1722, subsec. 2.) In the absence of such appeal, questions properly presentable on an appeal from the order of sale cannot now be considered. (Code of Civil…
2Cases cited7 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- Allen v. HawleySupreme Court of Florida · 1855
- State ex rel. Boston & Montana Consolidated C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- Cunningham v. BostwickColorado Court of Appeals · 1895
- Forsaith MacHine Co. v. Hope Mills Lumber Co.Supreme Court of North Carolina · 1891
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3Cited by3 opinions
- Masterson v. HubbertMontana Supreme Court · 1918
- Stoner v. HannanMontana Supreme Court · 1942
- Sadler v. HartMontana Supreme Court · 1986