Legal Opinion

State ex rel. Kohl v. District Court

Montana Supreme Court

Decided November 19, 1912No. 3,252PublishedCited by 8 opinions

Original application by G-us J. Kobl for writ of mandate to compel the district court of Silver Bow county and one of its judges to enter an order dismissing a certain cause.

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Original application by G-us J. Kobl for writ of mandate to compel the district court of Silver Bow county and one of its judges to enter an order dismissing a certain cause. The burden of prosecuting the action in the district court was upon the plaintiff, and the defendant was under no duty to do anything in the action. {Kubli v. Hawhett, 89 Cal. 638, 27 Pac. 57.) The statute imposes upon the elerk the duty of entering the default and imposes upon the plaintiff the duty to obtain a judgment within six (6) months after that time. Now, if the defendant is under no obligation to act in the…

1Opinion of the CourtJustice Smith

Application for a writ of mandate to compel the district court of Silver Bow county and one of its judges to vacate an order heretofore entered refusing to set aside a default and a judgment against the relator, and to enter an order setting aside the default, vacating the judgment and dismissing the action.

The relator’s affidavit discloses that in 1894 James B. Haggin began an action against him and others to quiet title to certain *354real estate in Silver Bow county. Although relator was duly served with summons on February 20, 1894, he never appeared in the action. On July 5, 1912, the clerk…

2Cases cited2 opinions

  1. State ex rel. Stiefel v. District CourtMontana Supreme Court · 1908
  2. Edwards v. HellingsCalifornia Supreme Court · 1894

3Cited by8 opinions

  1. Soliri v. FassoMontana Supreme Court · 1919
  2. Rule v. ButoriMontana Supreme Court · 1914
  3. Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
  4. Smotherman v. ChristiansonMontana Supreme Court · 1921
  5. Edenfield v. Seal Co., Inc.Montana Supreme Court · 1925

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