City of Butte v. McKay

Montana Supreme Court

City of Butte v. McKay

152 P. 31, 51 Mont. 233, 1915 Mont. LEXIS 101

CourtMontana Supreme Court

DecidedSeptember 30, 1915

DocketNo. 3,564

StatusPublished

Cited by1 cases

This text of 152 P. 31 (City of Butte v. McKay) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Butte v. McKay, 152 P. 31, 51 Mont. 233, 1915 Mont. LEXIS 101 (Mo. 1915).

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Opinion

MR. CHIEF JUSTICE BRANTLY

delivered the opinion of the court.

Upon inspection of the record herein, we find that the plaintiff has attempted to appeal from an order of the district court taxing costs. We have frequently held that such orders are not appealable, but must be reviewed, if at all, upon an appeal from the judgment. (Murray v. Northern Pac. Ry. Co., 26 Mont. 268, 67 Pac. 625; Montana Ore Pur. Co. v. Boston & Mont. Con. C. & 8. Min. Co., 27 Mont. 288, 70 Pac. 1114; King v. Allen, 29 Mont. 5, 73 Pac. 1107; Ferris v. McNally, 45 Mont. 20, 121 Pac. 889.) This court is therefore without jurisdiction to consider the merits, and hence the appeal is dismissed.

Dismissed.

Mr. Chief Justice Sanner and Mr. Justice Holloway concur.

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MR. CHIEF JUSTICE BRANTLY

delivered the opinion of the court.

Upon inspection of the record herein, we find that the plaintiff has attempted to appeal from an order of the district court taxing costs. We have frequently held that such orders are not appealable, but must be reviewed, if at all, upon an appeal from the judgment. (Murray v. Northern Pac. Ry. Co., 26 Mont. 268, 67 Pac. 625; Montana Ore Pur. Co. v. Boston & Mont. Con. C. & 8. Min. Co., 27 Mont. 288, 70 Pac. 1114; King v. Allen, 29 Mont. 5, 73 Pac. 1107; Ferris v. McNally, 45 Mont. 20, 121 Pac. 889.) This court is therefore without jurisdiction to consider the merits, and hence the appeal is dismissed.

Dismissed.

Mr. Chief Justice Sanner and Mr. Justice Holloway concur.

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152 P. 31, 51 Mont. 233, 1915 Mont. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-butte-v-mckay-mont-1915.

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