Davidson v. Clark
Montana Supreme Court
Appeal from District Court, Gallatin County. The judgment is a nullity. There was no service of process upon the defendant Clark, nor any appearance by him. Service upon corporations, joint-stock companies, minors, and persons of unsound mind may be made upon officers, guardians, or agents; in all other cases upon the defendant personally. Rev. Stats. Mont., sec. 72, p. 52; Freeman, on Judgments, secs. 116-125; Hahn v. Kelly, 34 Cal. 391
1Opinion of the Court
The opinion states the facts.
McLeary, J.
The case was tried in the district court, before Hon. John Coburn, associate justice of the supreme court, presiding!
This is an appeal from the judgment rendered in the court below, and comes up on the judgment roll. It appears from the record that there was no service upon Herman Clark, or any of the defendants in this case. The only evidence of any attempt at service of summons is contained in the return of the sheriff, wherein he states that he personally served the same on Joseph J. McBride, he being the agent of the defendants named in the summons.
T…
2Cited by2 opinions
- Johnston v. City of HardinMontana Supreme Court · 1919
- Hinzeman v. City of Deer LodgeMontana Supreme Court · 1920