7 Mont. 559 | Mont. | 1888
Lead Opinion
The appellant was. tried and convicted ' in the probate court of Deer Lodge County for obstructing the public highway, and fined in the sum of twenty-five dollars. From this judgment he appealed to the district court of Deer Lodge County. When the case came up in that court, the county attorney moved to dismiss the appeal, because no sufficient appeal bond, as required by the territorial statute, had been filed. Before this motion wras decided, the defendant offered to file a • new undertaking on appeal, in conformity with the requirements of the statute. This, the court refused to allow, sustaining the motion to dismiss; thus affirming the judgment of the probate court. To reverse these rulings of the district court, this appeal is prosecuted.
Judgment reversed.
Concurrence Opinion
concur, on the last ground assigned, that appellant should have been allowed to amend.