[Download] "Central Mont. Stockyds. v. Fraser" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Central Mont. Stockyds. v. Fraser
- Author : Supreme Court of Montana
- Release Date : January 19, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
INTERPLEADER ? ATTACHMENTS ? APPEAL AND ERROR ? JUDGMENTS ? RES JUDICATA. 1. Stipulations ? Motion to strike denied. Motion to strike from appellants transcript on appeal the bill of exceptions on the ground that it was not prepared, served and filed as required by law would be denied in view of stipulation between the parties. 2. Appeal and Error ? Decree appealable. In interpleader action, where the judgment dismissed the plaintiff from the action and awarded its costs, enjoined the defendants from prosecuting any action against the plaintiff involving the fund deposited and ordered the defendants to interplead in the action so instituted, the judgment was appealable. 3. Appeal and Error ? Notice of appeal. Under the statute providing for the serving of notice of appeal on the "adverse party," an adverse party is a party who has an interest in opposition to the object sought to be accomplished by the appeal, or a party whose rights may be adversely affected by reversal or modification of the judgment. 4. Appeal and Error ? Defendants not adverse parties for appeal. In interpleader action, where the plaintiff obtained all the relief asked for in his complaint, defendants as against whom default was entered for failure to answer within the time allowed by law were not "adverse parties" on whom notice of appeal must be served. 5. Judgment ? Effect of entry of default. The entry of a default terminates the right of a party against whom entered to participate in the litigation in absence of fraud and he may not until it is set aside, file pleadings, move for a new trial or demand notice of subsequent proceedings. 6. Attachment ? Attachment is a conversion. The attachment of one persons property to satisfy a claim against another is a conversion of the property. 7. Appeal and Error ? Action of Supreme Court constituted reversal. Where prior to filing of plaintiffs complaint in interpleader, Supreme Court in a prior action adjudged that an order of District Court, denying the motion of movants to dissolve an attachment on their personal property is set aside and reversed and the attachment is dissolved and discharged, there was a plain and unqualified reversal by the Supreme Court. 8. Appeal and Error ? Words and Phrases ? "Reverse." To "reverse" a judgment or order means to overthrow it by a contrary decision, to make it void and when a judgment or order is reversed, it is as if never rendered or made. - Page 169