AMERICAN EQUITABLE ASSURANCE CO. v. NEWMAN

No. 9351.

313 P.2d 1023 (1957)

AMERICAN EQUITABLE ASSURANCE CO., et al., Plaintiffs, v. Albert NEWMAN, et al., Cross-Defendants and Respondents, and Fidelity-Phenix Insurance Co., Cross-Defendant and Appellant.

Supreme Court of Montana.

Decided July 24, 1957.

Rehearing Denied August 8, 1957.


Attorney(s) appearing for the Case

Wiggenhorn, Hutton, Sciltz & Sheehy, Billings, for appellant. John C. Sheehy, Billings, argued orally.

Kelly & Battin, Billings, J. H. McAlear, Red Lodge, for respondents. William T. Kelly, Billings, and J. H. McAlear, argued orally.


ANGSTMAN, Justice.

Defendant Fidelity-Phenix Insurance Company, hereinafter called Fidelity Company, has appealed from a judgment and from two special orders entered after judgment. One order overruled a motion to vacate the judgment, and the other denied a motion excepting to certain findings. No useful purpose would be served in considering the propriety of the orders appealed from in the view which we take on the appeal from the judgment.

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