Haase v. Corbin
Montana Supreme Court
Appeal from, Third District, Meagher County. The orders in tbis action were made by Wade, J. The appellant complied with the statutes of the Territory in publishing the summons and procuring the writ of attachment. The jurisdiction of the court over the parties or subject-matter in no manner depends upon the issuing of the attachment writ. The return of the sheriff upon the writ does not affect the jurisdiction. Judgment can be obtained if defendant has no property.
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Appeal from, Third District, Meagher County. The orders in tbis action were made by Wade, J. The appellant complied with the statutes of the Territory in publishing the summons and procuring the writ of attachment. The jurisdiction of the court over the parties or subject-matter in no manner depends upon the issuing of the attachment writ. The return of the sheriff upon the writ does not affect the jurisdiction. Judgment can be obtained if defendant has no property. When plaintiff files his complaint and publishes the summons according to the statute, he, is entitled to a judgment which can…
1Opinion of the CourtBlake, J.
The appellant filed his complaint May 15, 1874, in the district court in Meagher county, to recover $6,000 on an implied contract. The record shows that the respondent was a banker and broker in the city and State of New York, and purchased there, at the request of the appellant, and for a valuable *411consideration, certain United States bonds of tbe value of $6,000, and converted them to his use. A summons was issued and placed in the hands of the sheriff, who made his return stating that he could not find the respondent and that the respondent did not reside in Meagher county. The appellant…
2Cases cited1 opinion
- Sharp v. DaugneyCalifornia Supreme Court · 1867
3Cited by2 opinions
- O'Rear v. LazarusSupreme Court of Colorado · 1885
- Merchants' & Miners' National Bank v. BarnesMontana Supreme Court · 1896