TaiLexi AI U.S. Case Law

Pentz v. Corscadden

Pentz v. Corscadden, 144 P. 157 (Mont. 1914)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Montana Supreme Court · State Highest Courts
Decided
November 16, 1914
Docket
No. 3,422
Judges
Brantly, Holloway, Sanner
Citations
144 P. 15749 Mont. 5811914 Mont. LEXIS 93
Disposition
Appeal dismissed.
Headnotes
Nonappealable Order. 1. An order entered in the minutes of the court sustaining a demurrer to the complaint and directing a dismissal of the action, held nonappealable. [As to what judgments and orders may be appealed from, see note in 20 Am. St. Eep. 173.]
Summary
Appeal from District Court, Bavalli County; B. Lee McCullough, Judge. Action by Percy Pentz against George Corscadden.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Holloway

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1929: 11931: 21939: 11947: 11957: 11958: 11963: 11964: 11972: 119292026peak 1931 · 2

Relies on it most ⓘ

  1. State ex rel. Bole v. Lay300 P. 238 (Mont. 1931)
  2. State ex rel. County of Musselshell v. District Court300 P. 235 (Mont. 1931)
  3. Payne v. Mountain States Telephone & Telegraph Co.385 P.2d 100 (Mont. 1963)
  4. Heater v. Boston & Montana Corp.277 P. 11 (Mont. 1929)
  5. Rambur v. DIEHL LUMBER COMPANY391 P.2d 1 (Mont. 1964)
  6. Kelly v. Harris158 F. Supp. 243 (D. Mont. 1958)

Most recent

  1. Prentice Lumber Co. v. Hukill504 P.2d 277 (Mont. 1972)
  2. Rambur v. DIEHL LUMBER COMPANY391 P.2d 1 (Mont. 1964)
  3. Payne v. Mountain States Telephone & Telegraph Co.385 P.2d 100 (Mont. 1963)
  4. Kelly v. Harris158 F. Supp. 243 (D. Mont. 1958)
  5. State ex rel. Aho v. Justice Court313 P.2d 542 (Mont. 1957)
  6. State ex rel. Walker v. Board of Com'rs187 P.2d 1013 (Mont. 1947) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Lisker v. O'Rourke, 72 P. 416 (Mont. 1903) 9
Butte & Boston Consol. Mining Co. v. Mont. Ore Purchasing Co., 69 P. 714 (Mont. 1902) 6
State ex rel. Allen v. Hawkins, 82 P. 952 (Mont. 1905) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list