Montana Supreme Court, 1914

Pentz v. Corscadden

Montana Supreme Court · Decided November 16, 1914 · Brantly, Holloway, Sanner

49 Mont. 581; 144 P. 157; 1914 Mont. LEXIS 93

Cases that cite this one

11 later published cases cite this decision.

State ex rel. Aho v. Justice Court (Mont. 1957)
State Ex Rel. Bole v. Lay (Mont. 1931)
Prentice Lumber Co. v. Hukill (Mont. 1972)
Prentice Lumber Co. v. Hukill (Mont. 1972)
Rambur v. DIEHL LUMBER COMPANY (Mont. 1964)
Payne v. Mountain States Telephone & Telegraph Co. (Mont. 1963)
Kelly v. Harris (District Court, D. Montana 1958)
State Ex Rel. Walker v. Board of Com'rs (Mont. 1947)
In re Augestad's Estate (Mont. 1939)
State Ex Rel. County of Musselshell v. District Court (Mont. 1931)
Heater v. Boston & Montana Corp. (Mont. 1929)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.