(Download) "Good Roads Machinery Co. v. Broadwater Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Good Roads Machinery Co. v. Broadwater Co.
- Author : Supreme Court of Montana
- Release Date : January 01, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Action Against County by Private Litigant ? Venue in Defendant County ? Strict Construction of Statute ? Jurisdiction. Actions ? Venue ? Jurisdiction ? Question may be Raised for First Time on Appeal. 1. Whether an action was commenced in the wrong county goes to the jurisdiction of the court to entertain it, which question may be raised for the first time on appeal. Action Against County by Private Litigant ? Venue in That County ? Strict Construction of Statute Required ? Jurisdiction. 2. Construing section 9095, Revised Codes 1921, held that by the provision thereof that "an action against a county may be commenced" therein (by a litigant other than a county) constitutes a grant of authority to sue, otherwise lacking, that the provision must be strictly pursued, and that if an action be brought in a county other than the one sued, the district court thereof is without jurisdiction to try it.