Harding v. McLaughlin
Montana Supreme Court
Appeal from District Court, Missoula County; Frank II. Woody, Judge. Action by Edward Harding against H. W. McLaughlin, as sheriff, and another. From a judgment of nonsuit, plaintiff appeals.
1Opinion of the CourtJustice Pigott
This is an appeal by the plaintiff from a judgment of non-suit entered in 1897 in ah action to recover the possession of personal property alleged to have been wrongfully taken and withheld by the defendants.
The transcript contains what is styled “a Statement on Appeal.” Since the 1st day of July, 1895, when the Code of Civil Procedure went into effect, the statutes of Montana no longer provide for or recognize a “statement on appeal” as a means whereby matters not part of the record proper may become parcel of the judgment roll; but, conceding that the mere name by which the paper is labeled…
2Cases cited2 opinions
- State ex rel. State Publishing Co. v. SmithMontana Supreme Court · 1899
- In re Plume for Leave to Prove ExceptionsMontana Supreme Court · 1899
3Cited by4 opinions
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Watts v. Billings Bench Water Assn.Montana Supreme Court · 1927
- Conklin v. CullenMontana Supreme Court · 1901
- Hansen v. Boise Payette Lumber Co.Idaho Supreme Court · 1917