McLeod v. Dickenson

• Decision Date: 11 January 1892
• Citation: 28 P. 551,11 Mont. 438
• Parties: McLEOD v. DICKENSON.
• Court: Montana Supreme Court

28 P. 551

11 Mont. 438

McLEOD v. DICKENSON.

Supreme Court of Montana

January 11, 1892

Appeal from district court, Cascade county; CHARLES H. BENTON, Judge.

Action by Roderick McLeod against George N. Dickenson. Defendant appeals from a judgment for plaintiff, and from an order overruling a motion for a new trial. Dismissed.

Jas. P. Lewis, for appellant.

Baum & Bishop, for respondent.

BLAKE, C.J.

This is an appeal from an order overruling the motion for a new trial, and the judgment. The transcript does not contain a specification of errors or bill of exceptions, and the action of the court below which is complained of relates solely to a motion for a new trial, and cannot be reviewed. The practice of this court has been uniform upon the subject. Taylor v. Holter, 2 Mont. 476; Bass v. Buker, 6 Mont. 442, 12 P. 922; Raymond v. Thexton, 7 Mont. 299, 17 P. 258, and cases cited. It is therefore ordered and adjudged that the appeal be dismissed without prejudice.

HARWOOD and DE WITT, JJ., concur.