Pentz v. Corscadden

Decided November 16, 1914

Montana Supreme Court · decided 1914-11-16

<p> Appeal from District Court, Bavalli County; B. Lee McCullough, Judge. </p> <p>Action by Percy Pentz against George Corscadden.</p>

Relies on Lisker v. O'Rourke · Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co. · State ex rel. Allen v. Hawkins

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1914-11-16

How this case has been cited

Cited by 13 later decisions — most recently December 1972

2 district · 11 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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MR. JUSTICE HOLLOWAY

¶1delivered the opinion of the court.

¶2Plaintiff 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.

¶3The pretended appeal is dismissed.

Mr. Chief Justice Brantly and Mr. Justice Sanner concur.