Courtright v. Berkins
| Decision Date | 31 January 1876 |
| Citation | 2 Mont. 404 |
| Parties | COURTRIGHT, appellant, v. BERKINS, respondent. |
| Court | Montana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from First District, Jefferson County.
W. F. SANDERS and CHUMASERO & CHADWICK, for the motion to dismiss the appeal.
JOHNSTON & TOOLE, contra.
This appeal must be dismissed for want of jurisdiction. The notice of appeal was filed April 1, 1874, and a copy of the same was served upon the respondents March 31, 1874. The statutes of California and Nevada regulating appeals are the same as those of this Territory. The courts of these States hold that the filing of the notice of appeal must precede or be cotemporaneous with the service of the copy thereof to render an appeal effectual. Hastings v. Halleck, 10 Cal. 31;Buffendeau v. Edmondson, 24 Id. 94;Moulton v. Ellmaker, 30 Id. 527;Boston v. Haynes, 31 Id. 107;Foy v. Domec, 33 Id. 317;Lynch v. Dunn, 34 Id. 518;Lyon Co. v. Washoe, 8 Nev. 177.
The failure of the appellants to comply with the Civil Practice Act in this proceeding is an error which affects the jurisdiction of this court. The appellants are charged with the duty of perfecting their appeal, and the record does not show that the respondents have waived any rights in this court.
Appeal dismissed.
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State v. Northrup
... ... in the manner provided by law, and error in this regard ... affects the jurisdiction of the appellate court. Courtright ... v. Berkins, 2 Mont. 404." Territory v. Hanna, 5 ... Mont. 247, 5 P. 250, cited in State v. Gibbs, 10 ... Mont. 210, 25 P. 288. But we find ... ...
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State v. Black
...perfecting his appeal in the manner provided by law, and error in this regard affects the jurisdiction of the appellate court. Courtright v. Berkins, 2 Mont. 404.” This ruling was approved in State v. Gibbs, 10 Mont. 210, 25 Pac. 288, and State v. Northrup, 13 Mont. 534, 34 Pac. 608. On app......
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State ex rel. Bullard v. Dist. Court of Fourteenth Judicial Dist. In
...be contemporaneous with the service. If the two acts are performed contemporaneously, the statutory requirement is satisfied. Courtright v. Berkins, 2 Mont. 404;State ex rel. Hall v. District Court, 34 Mont. 112, 115 Am. St. Rep. 522. 9 Ann. Cas. 728, 85 P. 872.” The postulate that section ......
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Berry v. City of Helena
... ... If the two acts are performed contemporaneously, the ... statutory requirement is satisfied. Courtright" v ... Berkins, 2 Mont. 404; State ex rel. Hall v. District ... Court, 34 Mont. 112, 85 P. 872, 115 Am. St. Rep. 522, 9 ... Ann. Cas. 728 ... \xC2" ... ...