Legal Opinion

Schuttler v. King

Montana Supreme Court

Decided May 21, 1892PublishedCited by 5 opinions

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…

1Opinion of the CourtHarwood, J.

This action was brought in the District Court of the First Judicial District of this State, in and for the county of Lewis and Clarke, to recover a balance alleged to be owing and due from defendant to plaintiffs on a promissory note. Plaintiffs allege in their complaint that during all the times mentioned therein plaintiffs were copartners, doing business under the firm name and style of Schuttler and Hotz, at Chicago, in the State of Illinois; that on the twenty-second day of January, 1885, said defendant King, and others, for a valuable consideration, executed and delivered to plaintiffs,…

2Cases cited6 opinions

  1. Lyman v. MiltonCalifornia Supreme Court · 1872
  2. Bewick v. MuirCalifornia Supreme Court · 1890
  3. Sawyer v. RobertsonMontana Supreme Court · 1892
  4. Behlow v. ShorbCalifornia Supreme Court · 1891
  5. Dyas v. KeatonMontana Supreme Court · 1880

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

3Cited by5 opinions

  1. Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
  2. López v. MeléndezSupreme Court of Puerto Rico · 1915
  3. Snake River Valley Irrigation District v. StevensIdaho Supreme Court · 1910
  4. First Nat. Bank v. RuskOregon Supreme Court · 1912
  5. López v. MeléndezSupreme Court of Puerto Rico · 1915

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

Powered by the Exa API