Gassert v. Bogk
Montana Supreme Court
Appeal from the District Court, Silver Bow County. The judgment appealed from is void. The court by which it was rendered did not have jurisdiction of the subject-matter of the action. The jurisdiction of courts, both appellate and original, shall be as limited by law. (Rev. Stats. U. S., tit. 23; c. 1, secs. 1866, 1907, pp. 20, 25, Rev. Stats.
Read the full summary
Appeal from the District Court, Silver Bow County. The judgment appealed from is void. The court by which it was rendered did not have jurisdiction of the subject-matter of the action. The jurisdiction of courts, both appellate and original, shall be as limited by law. (Rev. Stats. U. S., tit. 23; c. 1, secs. 1866, 1907, pp. 20, 25, Rev. Stats. Mont. 1879.) The action of unlawful holding over is a new and summary statutory course of proceeding, and the statute must be strictly pursued (3 Kent’s Com. 480, and notes); and original jurisdiction thereof is limited and expressly vested in justices…
1Opinion of the CourtBacii, J.
This action was commenced on the twenty-eighth day of May, 1886, in the justice’s court, Silver Bow County, under the law generally known as the summary proceeding by a landlord against his tenant holding over contrary to the terms of his lease. The defendant filed an answer setting forth a claim of title; whereupon the cause was certified to the district court of Silver Bow County, in which court the cause was tried, and trial resulted in a verdict and judgment for the plaintiff. The appeal is from the judgment. The judgment roll is comprised of the pleadings, and a statement on appeal,…
2Cases cited35 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Henley v. HotalingCalifornia Supreme Court · 1871
30 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- First National Bank of Boston v. Larson (In Re Kennedy Mortgage Co.)United States Bankruptcy Court, D. New Jersey · 1982
- Murray v. Butte-Monitor Tunnel Mining Co.Montana Supreme Court · 1910
- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1899
24 more not listed; retrieve them via the Exa API.