Logan v. Rickards

Montana Supreme Court

Logan v. Rickards

36 P. 318, 14 Mont. 334, 1894 Mont. LEXIS 46

DecidedApril 16, 1894

StatusPublished

This text of 36 P. 318 (Logan v. Rickards) 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.

Bluebook

Logan v. Rickards, 36 P. 318, 14 Mont. 334, 1894 Mont. LEXIS 46 (Mo. 1894).

Pincite

Opinion

Per Curiam.

Respondent’s motion to dismiss appeal herein should be overruled.

1. As to the failure of appellants to except to findings, or to ask for further findings, that is a matter to be considered on submission of the appeal for determination. Moreover, there may be other matters relating to the judgment-roll, which appellants may, if desired, have reviewed; and we cannot assume at the present time that the findings, or want of findings, will be the only question presented on such appeal.

2. As to the specification that briefs have not been filed by appellants within the time required by the rules of this court, while that may be cause for summary disposal of the appeal there has, so far, been no rule adopted providing for the dismissal of appeals for failure to file briefs within the time prescribed.

Motion denied.

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Per Curiam.

Respondent’s motion to dismiss appeal herein should be overruled.

1. As to the failure of appellants to except to findings, or to ask for further findings, that is a matter to be considered on submission of the appeal for determination. Moreover, there may be other matters relating to the judgment-roll, which appellants may, if desired, have reviewed; and we cannot assume at the present time that the findings, or want of findings, will be the only question presented on such appeal.

2. As to the specification that briefs have not been filed by appellants within the time required by the rules of this court, while that may be cause for summary disposal of the appeal there has, so far, been no rule adopted providing for the dismissal of appeals for failure to file briefs within the time prescribed.

Motion denied.

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Bluebook (online)

36 P. 318, 14 Mont. 334, 1894 Mont. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-rickards-mont-1894.