City of Butte v. McKay, 152 P. 31 (Mont. 1915). · Go Syfert
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City of Butte v. McKay, 152 P. 31 (Mont. 1915). Cases Citing This Book View Copy Cite
15 citation events across 3 distinct courts.
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CITY OF BUTTE
v.
McKAY
No. 3,564.
Montana Supreme Court.
Sep 30, 1915.
152 P. 31
Cause submitted by briefs of counsel., Messrs. Alexander Machel, Wm,. F. Davis and N. A. Botering, for Appellant., Mr. W. E. Carroll, for Respondent.
Brantly, Holloway, Sanner.
Cited by 1 opinion  |  Published
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.