Davidson v. Wampler
Montana Supreme Court
Appeal from District Court, Beaverhead County; M. H. Par-leer, Judge. ActioN by Milton L. Davidson against Reese B. Wampler and others. From a judgment for plaintiff, and an order denying a. motion for a new trial, defendants appeal. STATEMENT OE THE CASE. Action by tlie plaintiff to foreclose a mortgage upon certain real estate situate in Beaverhead county. The court entered judgment in accordance with the prayer of the complaint.
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Appeal from District Court, Beaverhead County; M. H. Par-leer, Judge. ActioN by Milton L. Davidson against Reese B. Wampler and others. From a judgment for plaintiff, and an order denying a. motion for a new trial, defendants appeal. STATEMENT OE THE CASE. Action by tlie plaintiff to foreclose a mortgage upon certain real estate situate in Beaverhead county. The court entered judgment in accordance with the prayer of the complaint. Defendants have appealed from the judgment and from an order denying a new trial. The facts necessary to an understanding of the controversy are the following:…
1Opinion of the Court
ME. CHIEF JUSTICE! BEANTLY,
after stating the case, delivered the opinion of the court.
1. Suggestion was made at the hearing that this court has no jurisdiction of this appeal, because it does not appear from the certificate of the clerk attached to the- transcript that the undertaking on appeal has been “properly” filed as required by Section 1739 of the Code of Civil Procedure, and a motion was made to dismiss the appeal on that ground. The word “properly” is omitted from the certificate, and in lieu thereof is inserted the date of the filing of the undertaking. The term, as used in the…
2Cases cited16 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- In re Higgins' EstateMontana Supreme Court · 1895
- First National Bank v. Bell Silver & Copper Mining Co.Montana Supreme Court · 1888
- State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
- State ex rel. Shields v. Second Judicial District CourtMontana Supreme Court · 1900
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Crawford v. PierseMontana Supreme Court · 1919
- Lamont v. VingerMontana Supreme Court · 1921
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
- Barth v. ElyMontana Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.