State ex rel. Smith v. District Court
Montana Supreme Court
Original application for writ of review, .by the State on the relation of William Gr. Smith, against the District Court of Fergus County, and Roy E. Ayers, a Judge thereof, to annul an order striking its decree in the divorce proceeding of Wm. G. Smith v. Myrtle D. Smith from the files and continuing the ease for further hearing.
1Opinion of the CourtChief Justice Brantlt
Certiorari to the district court of Fergus county. The record discloses that on November 13, 1918, the relator brought his action against the defendant, who had left the state and become a resident of the state of Kentucky, to obtain a decree of divorce on the ground of desertion. Instead of service of summons by publication under section 6520 of the Revised Codes, personal service was had upon the defendant, as provided in section 6521. *604The proof of service was made by affidavit, which, omitting formal parts, is the following:
“W. H. Myers, being first duly sworn, says': That I received the…
2Cases cited9 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- City of Olney v. Harvey & BoydIllinois Supreme Court · 1869
- Ogle v. PotterMontana Supreme Court · 1900
- State ex rel. McHatton v. District CourtMontana Supreme Court · 1918
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3Cited by29 opinions
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Allen v. AllenCalifornia Supreme Court · 1947
- Soliri v. FassoMontana Supreme Court · 1919
- In Re the Marriage of CannonMontana Supreme Court · 1985
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
24 more not listed; retrieve them via the Exa API.