State ex rel. Allen v. Napton
Montana Supreme Court
Certiorari by the state of Montana, on the relation of C. W. Allen, substituted for J. H. Duffy, to Welling Napton, judge of the district court of the Third judicial district of Montana for the county of Deer Lodge, to vacate an order requiring plaintiff in an action appealed from a justice’s court, in which he was appellee, to give bond required by statute to be given by a nonresident plaintiff.
1Opinion of the CourtJustice Pigott
Certiorari. In the case of Allen against Gibbs, pending lief ore a justice of the peace in the county of Deer Lodge, on the 24th day of March, 1900, judgment was rendered in favor *452of the plaintiff for $25 and costs; on the 4th day of April Gibbs served and filed a notice of appeal to the district court, and on the 20th day of the same month he filed an undertaking on appeal. On April 23d Allen served and filed his exceptions to the sufficiency of the sureties. On April 27th Gibbs gave notice to Allen of the filing of a new undertaking executed by sureties other than those who had signed the…
2Cases cited3 opinions
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Moffat v. GreenwaltCalifornia Supreme Court · 1891
- Wood v. Superior Court of Monterey CountyCalifornia Supreme Court · 1885
3Cited by7 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Clinton v. MillerMontana Supreme Court · 1951
- State ex rel. Examining & Trial Board v. JacksonMontana Supreme Court · 1920
- State Ex Rel. Union Bank & Trust Co. v. District CourtMontana Supreme Court · 1939
- Martha Washington Council No. 2 v. Superior CourtCalifornia Court of Appeal · 1915
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