Nunan v. Valentine
Cases that cite this one
16 later published cases cite this decision.
- Hames v. City of Polson (Mont. 1950)
- Grady v. City of Livingston (Mont. 1943)
- Cook v. Civil Service Commission (Cal. 1911)
- Carlson v. Flathead County (Mont. 1955)
- Carlson v. Flathead County (Mont. 1955)
- Roosevelt County v. State Board of Equalization (Mont. 1945)
- Judith Basin County Ex Rel. Vralsted v. Livingston (Mont. 1931)
- Jones v. Cooney (Mont. 1928)
- Franzke v. Fergus County (Mont. 1926)
- Stange v. Esval (Mont. 1923)
- State ex rel. Stuewe v. Hindson (Mont. 1912)
- State ex rel. Quintin v. Edwards (Mont. 1908)
- Yegen v. Board of County Commissioners (Mont. 1906)
- Williams v. Board of Commissioners (Mont. 1903)
- Castle v. Bannock County (Idaho 1901)
- State v. Ryan (N.D. 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In this case the appellants move to
dismiss their own appeal, upon the ground that the judgment appealed from has been satisfied.
The motion is opposed by parties who claim to have succeeded to the rights of the original plaintiff, and who ask to be substituted as respondents, upon the ground that the alleged satisfaction of the judgment was entered in fraud of their rights.
A number of affidavits have been filed relating to this controversy, but we do not think this the proper forum for its determination. A dismissal of the appeal will simply have the effect of affirming the judgment, and remitting the questions as to the persons entitled to enjoy the fruits of it, and as to whether or not it has' been satisfied, to the superior court, where they ought to be tried. We do not decide these questions, but we see no reason to deny the motion.
Appeal dismissed, with costs to respondent.
Thornton, J., Sharpstein, J., McFarland, J., and Fox, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.