[Download] "Nissen v. West. Const. Equip. Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Nissen v. West. Const. Equip. Co.
- Author : Supreme Court of Montana
- Release Date : January 03, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
APPEAL AND ERROR ? BILL OF EXCEPTIONS ? SPECIFICATION OF ERRORS ? STATUTES. 1. Appeal and Error ? Presenting proper bill of exceptions. Supreme Court will not reverse trial courts order of judgment on errors, which can be found only in bill of exceptions, when such bill of exceptions has not been properly prepared, settled, and allowed in accordance with statute. 2. Appeal and Error ? Presumption of correctness of order. Trial courts order comes up on appeal aided by presumption that it is correct, and burden of overcoming presumption is on party appealing. 3. Appeal and Error ? No showing of Error. In absence of some authentic record prepared in statutory manner and allowed by trial court, there is nothing before Supreme Court to overcome presumption of correctness of trial courts judgment, and nothing on which to predicate error. 4. Appeal and Error ? Absence of authentic record. If appellant predicates error on ruling of trial court granting new trial, and alleged error is based on or is found in evidence or proceedings, which are contained only in testimony, instructions, and proceedings during trial, then, in absence of authentic record of evidence or proceedings, Supreme Court has nothing before it on which it can act, and, on proper and timely motion, should dismiss appeal. 5. Appeal and Error ? Appeal dismissed. Where plaintiff made motion for new trial on grounds of newly discovered evidence, insufficiency of evidence to sustain verdict, and error in law occurring at trial, and District Court entered order granting new trial, and defendant appealed and had judgment roll, transcript of testimony, settlement of instructions, motion for new trial, notice of intention to move for new trial, and order granting new trial certified by clerk, but nowhere did record or transcript have certification by district court of transcript of minutes on motion for new trial, Supreme Court was unable to determine whether order granting new trial was correct and would dismiss appeal. - Page 144