Thien v. Wiltse
Montana Supreme Court
Appeal from District Court, Musselshell County; Charles L. Crum, Judge. The board of county commissioners of Musselshell county, over the formal protest of Henry Thien and others, granted Manuel Wiltse a license to engage in the liquor business. The protestants thereupon filed their notice of appeal to the district court, but failed to file an undertaking.
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Appeal from District Court, Musselshell County; Charles L. Crum, Judge. The board of county commissioners of Musselshell county, over the formal protest of Henry Thien and others, granted Manuel Wiltse a license to engage in the liquor business. The protestants thereupon filed their notice of appeal to the district court, but failed to file an undertaking. From an order dismissing the appeal, the protestants appeal.- If the law were as applicant contends, and an undertaking were necessary, he has, by filing an answer to the amended remonstrance in the district court, entered a general…
1Opinion of the CourtJustice Sanner
By an order of the board of county commissioners of Mussel-shell county, entered over the formal protest of Henry Thien and others, a license to engage in the retail liquor business at Ryegate was authorized to be issued to the respondent, Manuel Wiltse. Thereupon the protestants filed their notice of appeal to the district court, but gave no undertaking, and for want of an undertaking the district court, holding itself to be without jurisdiction, dismissed the appeal, and entered judgment accordingly.
The question presented is whether the filing of an undertaking [1] is necessary to confer…
2Cases cited10 opinions
- State v. O'BrienMontana Supreme Court · 1907
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910
- State ex rel. Cobban v. District Court of the Second Judicial DistrictMontana Supreme Court · 1904
- Morin v. WellsMontana Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Bartol v. Justice of the Peace CourtMontana Supreme Court · 1936
- State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1936
- White v. CorbettMontana Supreme Court · 1935
- Dime Insurance Agency v. Scott JohnMontana Supreme Court · 1996
- State Ex Rel. Strunk v. District Court of Cascade CountyMontana Supreme Court · 1942