216 P. 790 | Mont. | 1923
delivered the opinion of the court.
This cause was tried in the district court of Carbon County on November 18, 1919, and resulted in a judgment for the plaintiff. The defendant appealed. On October 10, 1922, the judgment was reversed and the cause remanded for a new
Was the demand for security made too late? Sections 9807,
Upon the ground that the defendant waited until the cause had been tried in the district court, appealed to this court and remanded for another trial, before he moved the court to require the plaintiff to furnish the bond provided for in section 9807, the writ is dismissed.
Dismissed.