1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 3
  5. 25-33-304 Dismissal of appeal upon delay -- costs and damages

TITLE 25. CIVIL PROCEDURE

CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS

Part 3. Proceedings in District Court

Dismissal Of Appeal Upon Delay -- Costs And Damages

25-33-304. Dismissal of appeal upon delay -- costs and damages. For a failure to prosecute an appeal or unnecessary delay in bringing it to a hearing, the district court may order the appeal to be dismissed, with costs; and if it appear to such court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.

History: En. Sec. 1766, C. Civ. Proc. 1895; re-en. Sec. 7127, Rev. C. 1907; re-en. Sec. 9760, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 980; re-en. Sec. 9760, R.C.M. 1935; R.C.M. 1947, 93-7907(part).