[DOWNLOAD] "Mcvay v. Mcvay" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Mcvay v. Mcvay
• Author : Supreme Court of Montana
• Release Date : January 07, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

APPEAL AND ERROR, Appealable Orders ? Special Order After Final Judgment ? Time for Taking Appeal ? Statute Allowing 60 Days to Appeal Mandatory and Jurisdictional ? Notice of Appeal ? CERTIORARI, When Granted, When Denied ? COURTS, Failure to Appeal within Statutory Time Limit Deprives Appellate Court of Jurisdiction to Entertain Appeal ? DIVORCE, Decree as Final Judgment ? JUDGMENTS, Final Judgment Distinguished from Special Order Made after Final Judgment ? MOTIONS, Motion to Dismiss Appeal not Taken in Time ? ORDERS ? REVIEW, Writ of No Substitute for Appeal ? Not Granted Where Appeal is Provided ? STATUTES, Limiting Time for Appeal Mandatory and Jurisdictional ? Strict Compliance Required ? SUPERVISORY CONTROL, No Substitute for Appeal ? Not Granted where Relief by Appeal is Provided ? WRIT OF REVIEW. 1. Appeal and Error ? Statutes ? Mandatory. Statutory provisions limiting the time for appeal are mandatory and jurisdictional and must be strictly complied with to give appellate court jurisdiction to entertain the appeal. 2. Divorce ? Order appealable. Special order modifying child custody provision of divorce decree was appealable but appeal taken 133 days after entry of order was too late and Supreme Court had no jurisdiction to entertain it. 3. Courts ? Certiorari ? Writ not to issue. Where an appeal is not taken within the time limit prescribed by statute, writ of review will not issue. - Page 32 4. Courts ? Supervisory control ? Writ not substitute for appeal. Supervisory control, invoking original jurisdiction of Supreme Court, is not a substitute for an appeal provided by statute. 5. Appeal and Error ? Effect of statute limiting methods of review. Statute limiting methods of reviewing judgments of orders in a civil action is both prohibitory and jurisdictional and limits the review in the Supreme Court to the methods prescribed. 6. Courts ? Writs could not be issued. Where appeal from special order modifying child custody provision of divorce decree was delayed until statutory time for appeal had lapsed, writ of supervisory control and writ of review could not be issued.

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