Brown v. Gaston & Simpson Gold & Silver Mining Co.
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. Brown commenced this action in December, 1867, for services in erecting a quartz mill for defendant, and to enforce his lien as a mechanic therefor. The sheriff served the summons upon Hodman Carter and made Ms return, wMch is stated in the opinion of the court.
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Appeal from the Third District, Lewis and Clarice County. Brown commenced this action in December, 1867, for services in erecting a quartz mill for defendant, and to enforce his lien as a mechanic therefor. The sheriff served the summons upon Hodman Carter and made Ms return, wMch is stated in the opinion of the court. The clerk of the district court entered the default of the defendant, and a judgment in favor of the plaintiff, and made a minute of these proceedings in the “ minute book” of the court, which was approved and signed by Munson, J. On January 11, 1868, the defendant, by its…
1Opinion of the CourtKnowles, J.
This was an action against the above-named respondents, a corporation organized under the laws of the State of Pennsylvania to carry on the business of mining in this Territory, to foreclose a mechanic’s lien.
The sheriff who served the summons made the following return of service thereof:
“I served the within summons by reading the same to Rodman Carter, and delivering to him a copy thereof; also delivered to him a copy of complaint. All done in Edger-ton county, M. T., December 9, 1867.”
On the 7th day of January, 1868, the appellant claimed of the clerk of the district court a default against…
2Cited by2 opinions
- Sanford v. EdwardsMontana Supreme Court · 1896
- General Elec. Supply Co. v. Mt. AutMontana Supreme Court · 1980