Territory of Montana v. Milroy
Montana Supreme Court
Appeal from District Court, Deer Lodge County. The appeal bond filed in the probate court complies substantially with the statute, and secures to the territory all that was intended under the law. Stapleton v. Pease, 2 Mont. 508; Riley v. Mitchell, 35 N. W. Rep. 473; Comp.
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Appeal from District Court, Deer Lodge County. The appeal bond filed in the probate court complies substantially with the statute, and secures to the territory all that was intended under the law. Stapleton v. Pease, 2 Mont. 508; Riley v. Mitchell, 35 N. W. Rep. 473; Comp. Laws, sec. 510, div. 3. The omission from the ■bond of the condition requiring the defendant’s appearance in the district court on the trial therein is immaterial, for the reason that in misdemeanors the defendant’s presence is not required at the trial when a bond to pay fine and costs has been given. Comp. Stats., sec.…
1Opinion of the CourtDe Wolee, J.
The appellant was. tried and convicted ' in the probate court of Deer Lodge County for obstructing the public highway, and fined in the sum of twenty-five dollars. From this judgment he appealed to the district court of Deer Lodge County. When the case came up in that court, the county attorney moved to dismiss the appeal, because no sufficient appeal bond, as required by the territorial statute, had been filed. Before this motion wras decided, the defendant offered to file a • new undertaking on appeal, in conformity with the requirements of the statute. This, the court refused to allow,…
2Cases cited5 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- RICKETT v. JOHNSONCalifornia Supreme Court · 1857
- Coulter v. StarkCalifornia Supreme Court · 1857
- Howard v. HarmanCalifornia Supreme Court · 1855
- Billings v. RoadhouseCalifornia Supreme Court · 1855
3Cited by2 opinions
- Stevenson v. CadwellMontana Supreme Court · 1894
- Woodman v. CalkinsMontana Supreme Court · 1892