[DOWNLOAD] "Reid v. District Court" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Reid v. District Court
• Author : Supreme Court of Montana
• Release Date : January 19, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

1. Appeal and Error ? Appeal requirements mandatory. Statutory requirements that appeal be taken within 60 days after order or judgment is entered are mandatory and jurisdictional. 2. Appeal and Error ? Exercise of right of appeal. The right of appeal, though guaranteed under Constitution, may be exercised only in obedience to statutory regulations. 3. Courts ? Probate right of appeal purely statutory. The right of appeal in probate matters is purely statutory and statutes limiting time for appeal must be strictly complied with to give supreme court jurisdiction to entertain the appeal. 4. Appeal and Error ? Extension of time for appeal not allowable here. The courts cannot extend time for appeal nor excuse failure to comply with statute relating to time within which appeal must be taken. 5. Wills ? Application for new trial not prerequisite to appeal. Application for new trial was not prerequisite to review by appeal of order refusing to admit will to probate. 6. Courts ? Motion for new trial did not extend time for appeal. The filing of motion for new trial of probate matter did not have effect of extending statutory period for giving notice of appeal. 7. Courts ? Motion for relief from judgment did not extend time for appeal. The time for filing appeal in probate proceeding would not be extended by motion for relief from judgment on ground of mistake, inadvertence or excusable neglect. 8. Courts ? Dismissal without prejudice. Statute providing that dismissal of appeal is in effect an affirmance of judgment or order appealed from unless dismissal is expressly made without prejudice to another appeal applies to new trials and appeals in probate proceedings. 9. Appeal and Error ? No appeal to Supreme Court from Supreme Courts own decision. Neither an appeal to the supreme court from its own decisions and judgments nor the taking of successive appeals to the supreme court from judgments or orders that have already been affirmed by the supreme court is permitted. 10. Courts ? Writ of supervisory control not appeal substitute. Supervisory control, invoking original jurisdiction of supreme court, is not a substitute for appeal provided by statute. - Page 490 11. Courts ? Source of Supreme Courts jurisdiction. The source of jurisdiction of supreme court is found in state Constitution. Const., Art. 8. 12. Courts ? Words and Phrases, "jurisdiction." Jurisdiction is the foundation of judicial proceedings, and the term "jurisdiction" means fundamentally the power or capacity given by law to a court to entertain, to hear and to determine the particular case or matter. Const., Art. 8. 13. Courts ? Jurisdiction of Supreme Court. Except as otherwise provided by Constitution, supreme court has appellate jurisdiction only. 14. Courts ? Writ of supervisory control not available here. In order to avoid consequences of having failed to file timely notice of appeal from judgment denying probate of will, neither writ of supervisory control nor writ of mandamus was available to compel trial court to admit will to probate or to settle proponents bill of exceptions.

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