(DOWNLOAD) "Odonnell v. City of Butte" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Odonnell v. City of Butte
- Author : Supreme Court of Montana
- Release Date : January 07, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appeal and Error ? Record on Appeal ? Bills of Exceptions ? Settlement After Expiration of Statutory Time ? Jurisdiction ? Presumptions. Bill of Exceptions ? Presentment After Expiration of Statutory Time ? Record on Appeal. 1. Under section 9390, Revised Codes of 1921, held that where a bill of exceptions appears on the face of the record to have been filed after the time allowed by law, the record must affirmatively show that additional time was allowed upon the filing of an affidavit disclosing necessity for further time; in the absence of such a showing the questions sought to be presented for review by the bill cannot be considered. Same ? Settlement After Expiration of Time a Nullity. 2. Timely presentation, settlement and signing a bill of exceptions is a jurisdictional question; on the expiration of the time allowed by statute (whether original or extended) the court loses jurisdiction to settle or sign the bill, and if settled or signed thereafter is a nullity and cannot be considered on appeal even though opposing counsel should agree to its consideration. Appeal ? Supreme Court will Consider Jurisdictional Questions of Its Own Motion. 3. While generally the supreme court will not consider errors not assigned, it will of its own motion take cognizance of a question jurisdictional in nature. Bill of Exceptions ? Timely Settlement must Appear in Record on Appeal ? Presumptions Unavailable. 4. That a bill of exceptions was presented, settled and signed within the time provided by statute must be made to appear affirmatively in the record and may not be supplied by the presumption that the trial court in settling and signing it was acting in the lawful exercise of its jurisdiction. (Sec. 10606, Rev. Codes, subd. 16.) Appeal ? Presumptions Indulged to Uphold Judgment. 5. Appellate courts will indulge in presumptions to uphold a judgment but never to reverse it.