McLeod v. Dickenson

Decided January 11, 1892

Montana Supreme Court · decided 1892-01-11

<p>Aveeai, — Becord—Specification of errors. — An order of the court below overruling a motion for a new trial cannot be reviewed on appeal where no specification of errors or bill of exceptions is contained in the transcript. (Taykr v. Bolter, 2 Mont. 476; Bass v. Bulcer, 6 Mont. 442; Baymond v. Thexton, ? Mont. 299, cited.)</p>

Relies on Raymond v. Thexton · Bass v. Buker · Taylor v. Holter

Good law ✅— No negative treatment on recordhow we know

Decided 1892-01-11

How this case has been cited

Cited by 5 later decisions — most recently October 1939

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blake, C. J.

¶1This 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; *439 Raymond v. Thexton, 7 Mont. 299, and eases cited.) It is therefore ordered and adjudged that the appeal be dismissed without prejudice.

¶2Dismissed,

Harwood, J., and De Witt, J., concur.