(Download) "Clark & Owens v. District Court" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Clark & Owens v. District Court
- Author : Supreme Court of Montana
- Release Date : January 20, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
APPEAL &; ERROR, Appeal from Order Refusing to Dissolve Attachment, Review of Such Order Limited to Appeal ? Appeal, how and when Taken, Appeal Statutes Mandatory and Jurisdictional, Remedy by Appeal, Statutes Governing Must Be Complied with ? ATTACHMENT, Order Refusing to Dissolve, Review Must Be by Appeal "and not otherwise" ? CONSTITUTIONAL LAW, Right to Appeal Guranteed by Constitution, Right of Supreme Court to Superintend and Supervise Inferior Courts ? SUPERVISORY CONTROL, Not Substitute for Appeal ? STATUTES, Governing Appeals, both Prohibitory and Jurisdictional ? COURTS, Jurisdiction of Supreme Court to Review Order Refusing to Dissolve Attachment, to Review an Appealable Order. 1. Appeal and Error ? Strict compliance with appeal statutes. Statutes relating to appeals from orders refusing to dissolve attachment are mandatory and jurisdictional, and must be strictly complied with if the Supreme Court is to be given jurisdiction. 2. Appeal and Error ? Attachment ? Right of appeal lost by lapse of time. A defendants right to appeal from an order refusing to dissolve an attachment is lost by lapse of time. 3. Appeal and Error ? Constitutional law ? Statute regulates right of appeal. The constitutional right of appeal may be exercised only in obedience to the applicable statutory regulations. 4. Appeal and Error ? Statutes ? Appeal statute prohibitory and jurisdictional. Statute providing that an order in a civil action may be reviewed as prescribed by statute and not otherwise is both prohibitory and jurisdictional, and it limits right to appeal from an order refusing to dissolve an attachment to the method expressly provided by statute. 5. Appeal and Error ? Courts ? Order here appealable ? Supervisory control writ did not lie. Order refusing to dissolve an attachment was appealable and could be reviewed only by appeal in method specified by statute, and, where defendants had not complied with statutory requirement for - Page 527 appeal, they were not entitled to a writ of supervisory control to review or reverse order refusing to vacate an attachment.