Territory of Montana v. Hildebrand

Kínowles, J.

Tbe respondents ask to have tbe appeal in this case dismissed for tbe following reasons :

*427First. No appeal lies from an order sustaining a demurrer.

The record shows that the appeal in this case was. taken from the final judgment entered in the court below. This ground of the motion is not then based upon any fact in the record and cannot be sustained.

Second. The right of appeal in civil cases is not given to the Territory of Montana by any statutory provision.

In the case of Langford v. King, 1 Mon. 33, this court held that Montana Territory was a government. Our Organic Act calls…