Cavanaugh v. School District No. 1, Silver Bow County

63 P.2d 1247, 102 Mont. 606, 1936 Mont. LEXIS 90

Montana Supreme Court·Decided March 16, 1936·No. No. 7,554.·Published

Opinion

PER CURIAM.-

Whereas in this cause the plaintiffs herein applied to the district court of the Second Judicial District for an injunction against the sale of certain bonds, which action resulted in a judgment duly made and entered on the 13th day of January, 1936, dismissing the complaint; and,

Whereas notice of appeal from such judgment was duly filed and served on the 14th day of March, 1936, which date is the sixty-first day after the entry of judgment; and,

Whereas, under section 9732, subdivision 3, such appeal must be taken within sixty days after the judgment is made or entered or filed with the clerk,—

Now, therefore, on motion of the defendants the purported appeal is hereby dismissed as coming late.

Same counsel as above.

(Note.) Motion to reinstate the above appeal denied March

20, 1936.

Mr. Chief Justice Sands dissenting.

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PER CURIAM.-

Whereas notice of appeal from such judgment was duly filed and served on the 14th day of March, 1936, which date is the sixty-first day after the entry of judgment; and,

Whereas, under section 9732, subdivision 3, such appeal must be taken within sixty days after the judgment is made or entered or filed with the clerk,—

Now, therefore, on motion of the defendants the purported appeal is hereby dismissed as coming late.

Same counsel as above.

(Note.) Motion to reinstate the above appeal denied March

20, 1936.

Mr. Chief Justice Sands dissenting.

Cavanaugh v. School District No. 1, Silver Bow County, 63 P.2d 1247, 102 Mont. 606, 1936 Mont. LEXIS 90 (Mo. 1936).

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63 P.2d 1247 (Cavanaugh v. School District No. 1, Silver Bow County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.