(DOWNLOAD) "Kline v. Murray Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Kline v. Murray Et Al.
- Author : Supreme Court of Montana
- Release Date : January 25, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appeal from Final Judgment ? Pendency of Motion for New Trial Does not Extend Time ? Judgments ? Power of Courts to Amend ? Appeal from Order Denying New Trial ? Statute Abolishing Constitutional. Appeal ? Matter of Legislative Control ? Jurisdiction of Supreme Court. 1. In the absence of constitutional restriction, the legislature may grant or take away the right of appeal, and if it grants it, it may prescribe such restrictions and limitations as it may see fit to impose, and having prescribed that an appeal from a final judgment must be taken within six months after entry thereof (sec. 9732, Rev. Codes 1921, as amended by Chap. 39, Laws of 1925), the supreme court does not acquire jurisdiction of such an appeal unless taken within that time. Equity ? Decrees are Judgments. 2. Decrees in equity cases are "judgments" within the meaning of section 9313, Revised Codes, 1921, defining a judgment as "the final determination of the rights of the parties in an action or proceeding." Appeal ? Judgments ? When Final. 3. When a judgment has been entered and no further questions can come before the court except such as are necessary for carrying it into effect, it is "final" within the meaning of section 9732, supra, authorizing an appeal therefrom, judgments of dismissal or non-suit constituting final judgments. Judgments ? When Final. 4. A final judgment is not necessarily the last one in an action; a judgment which is conclusive of any question in a case is final as to that question. Same ? Final Judgment must Stand Until Revised or Set Aside in Manner Provided by Law. 5. When a court has once rendered the judgment as intended by it, it becomes "final" and must stand until modified, revised or set aside in manner provided by statute. Same ? Appeal from Judgment ? Pendency of Motion for New Trial on Modification of Judgment Does not Extend Time for Taking Appeal. 6. Pending a motion for a new trial, or motion to modify the judgment, or an appeal from an order granting a new trial, an appeal lies from the final judgment in the action, and the pendency of such matters neither vacates the judgment nor extends the time within which an appeal from the final judgment may be taken. - Page 531 Appeal from Order Denying New Trial ? Statute Abolishing Appeal Held Constitutional. 7. Held, that Chapter 225, Laws of 1921 (sec. 9745, Rev. Codes 1921), abolishing the appeal from an order denying a new trial, does not offend against the provision of section 23, Article V, of the Constitution, that an Act containing a subject not embraced in the title shall be void as to that subject. Judgments ? Power of Court to Amend. 8. Where the trial court, after hearing all of the evidence, on motion entered judgment of dismissal, intentionally and not by accident or mistake adding the words "on the merits," it was powerless thereafter to grant plaintiffs motion to strike the quoted words, since courts may not amend judgments if they express what was actually decided, such errors being correctible only on motion for new trial or on appeal.