25-33-301. Trial de novo — pleadings — conduct of trial. (1) Except as provided in subsection (3), all appeals from justices’ or city courts must be tried anew in the district court on the papers filed in the justice’s or city court unless the court, for good cause shown and on terms that are just, allows […]
25-33-302. Procedure upon reversal on issue of law. When a judgment is reversed or set aside on a question of law arising in the justice’s or city court, the district court must either try the case anew or render a judgment. History: En. Sec. 641, p. 170, Bannack Stat.; re-en. Sec. 746, p. 186, Cod. Stat. 1871; […]
25-33-303. Appeal from judgment by default. There is no appeal from a judgment by default rendered in a justice’s or city court except on questions of law which appear on the face of the papers or proceedings and except in cases when the justice’s or city court has abused its discretion in setting aside or refusing […]
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 […]
25-33-305. Costs when appeal unsuccessful. If the party appealing fails to reduce the judgment against the party or to enlarge the judgment in the party’s favor appealed from $10 or more or reverse the judgment in the district court, the party may not recover any costs of appeal. History: En. Sec. 640, p. 170, Bannack Stat.; re-en. […]
25-33-306. Effect of judgment of district court. Judgments rendered in the district court on appeal shall have the same force and effect and may be enforced in the same manner as judgments in actions commenced in the district court. History: En. Sec. 1766, C. Civ. Proc. 1895; re-en. Sec. 7127, Rev. C. 1907; re-en. Sec. 9760, R.C.M. […]
