Dudley v. Stiles

*567MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order denying defendants’ motion to set aside a default judgment entered in favor of plaintiff in the district court of Madison County, Montana.

Plaintiff commenced an action based on a promissory note executed by defendants, husband and wife. At the hearing to set aside the default judgment it was contended that proper service was not had on the wife. Defendants admit, however, that this question has since become moot for the reason that she was subsequently informed of the summons and complaint…