Legal Opinion

State ex rel. Bank v. Taylor

Montana Supreme Court

Decided January 8, 1906No. 2,196PublishedCited by 2 opinions

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Prohibition by the state on the relation of Simon Bank to Cornelius Taylor, justice of the peace of South Butte township, Silver Bow county. Prom the judgment in favor of plaintiff the defendant appeals.

1Opinion of the CourtChief Justice Brantly

Appeal from a final judgment, rendered by the district court *365of Silver Bow county upon an application for a writ of prohibition to Cornelius Taylor, the justice of the peace of South Butte township in said county. That final judgment was in fact rendered and entered by the district court appears only from a copy of the notice of appeal found in the record.

On appeal from a judgment the record must contain a copy of the judgment-roll (Code of Civil Procedure, section 1736). There can be no judgment-roll without a copy of the judgment (Code of Civil Procedure, section 1176). Nor does an appeal…

2Cases cited1 opinion

  1. Lisker v. O'RourkeMontana Supreme Court · 1903

3Cited by2 opinions

  1. Yeomans v. LambertonIdaho Supreme Court · 1917
  2. Easton v. Western Life & Casualty Co.Montana Supreme Court · 1921

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