14 Mont. 311 | Mont. | 1894
There was a rule of the district court that appeals from justice’s courts to the district court must be filed within thirty days after the appeal is perfected, and that if, through the neglect of the appellaxit, the same be not so filed, the appeal may be.dismissed. The appeal was not filed in the district court within thirty days after it was perfected, and in consequence thereof the district court dismissed the appeal. The only iuq.uixy which we will make is whether the district court exercised a sound discretion in applying this rule and dismissing the appeal. We are inclined to think it did not. Defendant’s appeal was perfected as required by statute. The dismissal was not for a failure to comply with the law, but, on the contrary, for simply neglecting to observe a rule of the court. The object of the rule is certainly not to deny parties
We are not satisfied that an appellant should be turned away from court under the circumstances shown in this case. We believe that the results sought to be accomplished by the rule were in fact attained—that is, the opportunity for a speedy hearing of the appeal—and, that being true, the rule should not have been used to wholly deny a trial of the case. The action of the district court is reversed, and the case is remanded, with instructions to deny the motion to dismiss the appeal.
The respondent makes no question as to reviewing, on appeal, the action of the district court in this case. (Howard v. Quinn, 2 Mont. 340; Marsh v. Kinna, 2 Mont. 547; Territory v. Milroy, 7 Mont. 559.)
Reversed.