Thomas v. Thomas
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Poindexter, a Judge of the Fifth Judicial District, Presiding. Suit by Mattie A. Thomas against Arthur Thomas and others. From an order granting a writ of possession, defendants appeal.
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Appeal from District Court, Silver Bow County; J. B. Poindexter, a Judge of the Fifth Judicial District, Presiding. Suit by Mattie A. Thomas against Arthur Thomas and others. From an order granting a writ of possession, defendants appeal. Since the Constitution provides that “The style of all process shall be ‘The State of Montana’ * * # ” (Sec. 27, Art. VIII), the issuance of a process in any other form or style is prohibited, and the pretended order of sale upon which respondent bases her right is void. To hold otherwise is to say that the provisions of the Constitution may be set at naught…
1Opinion of the CourtJustice Smith
delivered tbe opinion of tbe court.
On November 9, 1908, a decree of foreclosure of a mortgage held by the respondent on certain real property of the appellants was entered in the district court of Silver Bow county. On November 14, 19Ü8, an order of sale, containing a copy of the decree, was issued to the sheriff. This order of sale ran in the name of “The People of the State of Montana.” The sheriff sold the property en masse to the respondent, for the amount of the mortgage debt. The decree provided that the mortgaged property “be sold, after due notice, at public auction by the sheriff of…
2Cases cited18 opinions
- Davis v. DresbackIllinois Supreme Court · 1876
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Randall v. ChubbMichigan Supreme Court · 1881
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Burton v. KippMontana Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Security Trust Co. v. SlomanMichigan Supreme Court · 1930
- Holt v. SatherMontana Supreme Court · 1928
- Travelers Insurance Company v. LawrenceCourt of Appeals for the Ninth Circuit · 1974
- First National Bank v. HuntNebraska Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.