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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Roche v. Sabo, 259 Mont. 76 (1993)

Citation
Roche v. Sabo, 259 Mont. 76 (1993)
Parent Document
Roche v. Sabo, 259 Mont. 76 (1993)
Jurisdiction
Montana (state)
Effective Date
1993-06-10

Full Text

520 chars
Notwithstanding that Mr. Roche had a plain, speedy and adequate remedy in the ordinary course of the law by way of an appeal from the Justice Court judgment and trial de novo in District Court, and, while he filed his notice of appeal, he failed to perfect the appeal by filing the undertaking required by § 25-33-201, MCA. As a result, the District Court did not obtain jurisdiction over the action. The appeal was a mere nullity and was properly dismissed. Berry v. Seman (1990), 245 Mont. 335, 337, 801 P.2d 589, 590.