State ex rel. Stiefel v. District Court
Montana Supreme Court
Original application, for a writ of mandamus by the state, on relation of E. A. Stiefel, against the district court of the ninth judicial district and W. R. C. Stewart, judge thereof, to compel the dismissal of a case against relator because of plaintiff’s failure to demand and have entered a judgment by default within the statutory period.
1Opinion of the CourtJustice Holloway
Original application for writ of mandamus. From the affidavit of the relator it "appears that in November, 1905, an action was commenced in the district court of Gallatin county by the Commercial National Bank against Harris Kirk, A. L. Love, the relator, E. A. Stiefel, O. J. Kirk, and C. P. Bark; that service of summons was had upon the defendants Harris Kirk, Love, and Stiefel; that thereafter, in December, 1905, the default of the defendant Stiefel for want of an appearance was duly entered; *300that in March, 1908, Stiefel moved the district court to dismiss the action as against him, for…
2Cases cited8 opinions
- Hibernia Savings & Loan Society v. ChurchillCalifornia Supreme Court · 1900
- State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- Montana Ore Purchasing Co. v. LindsayMontana Supreme Court · 1901
- Morse v. CallantineMontana Supreme Court · 1897
- State ex rel. Robinson v. ClementsMontana Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- Carnegie Nat. Bank v. City of Wolf PointCourt of Appeals for the Ninth Circuit · 1940
- Marias River Syndicate v. Big West Oil Co.Montana Supreme Court · 1934
- State v. JohnsonMontana Supreme Court · 1926
- State Ex Rel. County of Musselshell v. District CourtMontana Supreme Court · 1931
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