Pentz v. Corscadden

Montana Supreme Court

Pentz v. Corscadden

144 P. 157, 49 Mont. 581, 1914 Mont. LEXIS 93

CourtMontana Supreme Court

DecidedNovember 16, 1914

DocketNo. 3,422

StatusPublished

Cited by12 cases

This text of 144 P. 157 (Pentz v. Corscadden) 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

Pentz v. Corscadden, 144 P. 157, 49 Mont. 581, 1914 Mont. LEXIS 93 (Mo. 1914).

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Opinion

MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

Plaintiff in the court below has attempted to appeal from an order sustaining a demurrer to his complaint and directing the [1] dismissal of his action. There was not any judgment entered but only a minute entry of the order. The order is not a judgment (Rev. Codes, secs. 6710, 7139; State ex rel. Allen v. Hawkins, 33 Mont. 177, 82 Pac. 952; Lisker v. O’Rourke, 28 Mont. 129, 72 Pac. 416, 755; Butte & B. C. M. Co. v. Montana Ore Fur. Co., 27 Mont. 152, 69 Pac. 714); neither is it one of the enumerated orders from which an appeal can be taken (sec. 7098, Rev. Codes), and therefore this court is without jurisdiction to consider the appeal.

The pretended appeal is dismissed.

Mr. Chief Justice Brantly and Mr. Justice Sanner concur.

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MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

Plaintiff in the court below has attempted to appeal from an order sustaining a demurrer to his complaint and directing the [1] dismissal of his action. There was not any judgment entered but only a minute entry of the order. The order is not a judgment (Rev. Codes, secs. 6710, 7139; State ex rel. Allen v. Hawkins, 33 Mont. 177, 82 Pac. 952; Lisker v. O’Rourke, 28 Mont. 129, 72 Pac. 416, 755; Butte & B. C. M. Co. v. Montana Ore Fur. Co., 27 Mont. 152, 69 Pac. 714); neither is it one of the enumerated orders from which an appeal can be taken (sec. 7098, Rev. Codes), and therefore this court is without jurisdiction to consider the appeal.

The pretended appeal is dismissed.

Mr. Chief Justice Brantly and Mr. Justice Sanner concur.

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Bluebook (online)

144 P. 157, 49 Mont. 581, 1914 Mont. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pentz-v-corscadden-mont-1914.

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