Murray v. Heinze

• Decision Date: 10 February 1896
• Parties: MURRAY v. HEINZE.
• Court: Montana Supreme Court

43 P. 714

17 Mont. 353

MURRAY v. HEINZE.

Supreme Court of Montana

February 10, 1896

On rehearing. Denied.

For prior report, see 42 P. 1057.

PER CURIAM.

Counsel for appellant, in the petition for rehearing, urge the court to pass upon the question as to whether the instructions given in the case were erroneous. In the opinion heretofore delivered in the case, we said, after much reflection, that we could not consider or pass upon this question, for the reason that they were not so presented by the record as to enable us to do so. Counsel now urge us to do so as a matter of convenience or expediency, to avoid the expenses of another trial of the case. They refer us to no authority conferring jurisdiction upon this court to do so in the condition of this record as shown in the opinion of this court delivered in the case. Our own Reports are full of decisions to the effect that we have no jurisdiction to do so. We cannot ignore the uniform course of decisions of this court in order to relieve the litigants of the costs, inconvenience, and hardship of another trial of the cause. The petition for rehearing is denied.