Legal Opinion · Dissent

Schuttler v. King

Montana Supreme Court

Decided May 21, 1892Published

Appeal from First Judicial District, Lewis and Clarke County. Action upon promissory note. Plaintiff had judgment by default and appeals from an order by Buck, J., vacating the judgment. As to the sufficiency of the summons, counsel cites Dyas v. Keaton, 3 Mont. 495; Hemson v. Decker, 29 How. Pr. 385; Brown v. Baton, 37 How. Pr. 325; McCoun v. A. Y. <& H. R. R. R. Co. 50 N. Y. 176; Clarke v. Gunn, 90 Cal. 504; 27 Pac. Rep. 375; Miller v. Zeigler, 3 Utah, 17, 23; 5 Pac.

Read the full summary

Appeal from First Judicial District, Lewis and Clarke County. Action upon promissory note. Plaintiff had judgment by default and appeals from an order by Buck, J., vacating the judgment. As to the sufficiency of the summons, counsel cites Dyas v. Keaton, 3 Mont. 495; Hemson v. Decker, 29 How. Pr. 385; Brown v. Baton, 37 How. Pr. 325; McCoun v. A. Y. <& H. R. R. R. Co. 50 N. Y. 176; Clarke v. Gunn, 90 Cal. 504; 27 Pac. Rep. 375; Miller v. Zeigler, 3 Utah, 17, 23; 5 Pac. Rep. 518, 521; Woolner v. Zeigler, 3 Utah, 23; 5 Pac. Rep. 522; Berry v. Bingham (S. Dak.), 47 N. W. Rep. 825; City of Fond…

1DissentBe Witt, J.

(dissenting). — The statute provides, in reference to summons, as follows:—

“See. 68. The summons must be directed to the defendant, signed by the clerk, and issued under the seal of the court, and must contain : —
“ Fourth. In an action arising on contract, for the recovery of money or damages only, a notice that unless the defendant so appears and answers, the plaintiff will take judgment for the sum demanded in the complaint (stating it).
“Fifth. In other actions, a notice that unless defendant so appears and answers, the plaintiff will apply to the court for the relief demanded in the…

2Cases cited15 opinions

  1. Lyman v. MiltonCalifornia Supreme Court · 1872
  2. McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
  3. Bewick v. MuirCalifornia Supreme Court · 1890
  4. Sawyer v. RobertsonMontana Supreme Court · 1892
  5. Clark v. PalmerCalifornia Supreme Court · 1891

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API