Montana Supreme Court, 1915

City of Butte v. McKay

City of Butte v. McKay
Montana Supreme Court · Decided September 30, 1915 · Brantly, Holloway, Sanner
51 Mont. 233; 152 P. 31; 1915 Mont. LEXIS 101

City of Butte v. McKay

Opinion of the Court

MR. CHIEF JUSTICE BRANTLY

delivered the opinion of the court.

Upon inspection of the record herein, we find that the plaintiff has attempted to appeal from an order of the district court taxing costs. We have frequently held that such orders are not appealable, but must be reviewed, if at all, upon an appeal from the judgment. (Murray v. Northern Pac. Ry. Co., 26 Mont. 268, 67 Pac. 625; Montana Ore Pur. Co. v. Boston & Mont. Con. C. & 8. Min. Co., 27 Mont. 288, 70 Pac. 1114; King v. Allen, 29 Mont. 5, 73 Pac. 1107; Ferris v. McNally, 45 Mont. 20, 121 Pac. 889.) This court is therefore without jurisdiction to consider the merits, and hence the appeal is dismissed.

Dismissed.

Mr. Chief Justice Sanner and Mr. Justice Holloway concur.

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