[DOWNLOAD] "Merritt v. Tague Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Merritt v. Tague Et Al.
- Author : Supreme Court of Montana
- Release Date : January 30, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appeal and Error, Right of Appeal Statutory — Appeals from Final Orders, Judgments and Decrees — No Appeal from Findings of Fact or Conclusions of Law — Dismissal of Appeal — Eminent Domain, Appeals Authorized from Final Orders, Judgments and Decrees "as in Other Cases" — Courts, Jurisdiction of — Jurisdiction Conferred by Constitution and Statutes — Jurisdiction Not Conferred by Consent or Waiver. 1. Courts — When question of jurisdiction should be raised. Question of jurisdiction should be raised by the court at earliest inception on its own initiative to ascertain whether or not it has jurisdiction. 2. Appeal and Error. The right of appeal is purely statutory. 3. Appeal and Error — Words and Phrases "judgment" — "order." Findings of fact and conclusions of law do not constitute a "judgment" nor an "order" for purposes of appeal but are courts statement on which he will base his order or judgment. 4. Eminent Domain — Appeal did not lie. In condemnation proceedings, appeal from trial courts findings of fact and conclusions of law, which concluded with statement that judgment of appropriation and condemnation in form provided by law should be made and entered, would not lie. 5. Courts — Jurisdiction cannot be waived or conferred by consent. Jurisdiction is conferred on courts only by the Constitution and statutes, and, where no jurisdiction exists by law, it cannot be conferred by consent or waiver.