Grage v. Paulson

Decided November 27, 1899

Montana Supreme Court · decided 1899-11-27

<p>Appeal — Undertaking on Appeal — Ambiguity—Dismissal oj Appeal.</p> <p>A single undertaking in tbe sum of $300 to secure two appeals from two separate orders made at different times after judgment is void for ambiguity, justifying a dismissal of both appeals.</p>

Cited by 3 later decisions — most recently March 1909

3 state decisions

Relies on Creek v. Bozeman Water Works Co. · Washoe Copper Co. v. Hickey · Murphy v. Northern Pacific Railway Co.

Good law ✅— No negative treatment on recordhow we know

Sustained · Decided 1899-11-27

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PER CURIAM.

¶1It appears from the record herein that two appeals have been taken from two separate orders made after judgment, — one entered on April 15, and one on June 10, 1899. It further appears that only one undertaking, in the sum of $300, is on file with the clerk of the district court to secure both appeals. A motion is made to dismiss the appeals on the ground that the undertaking is void for ambiguity. The motion must be sustained, upon the authority of Creek v. Bozemam, Waterworks Co., 22 Mont. 327, 56 Pac. 362; Murphy v. Northern Pacific Railway Co., 22 Mont. 577, 57 Pac. 278; Washoe Copper Co. v. Hickey, 23 Mont. 319, 58 Pac. 866.

¶2Let the appeals be dismissed.

¶3Dismissed.