Smith v. Collis
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by A. L. Smith against Rosell C. Collis and others. From an order refusing to set aside a default judgment, defendants appeal. The motion in this ease was a direct and not a collateral attack on the judgment herein. (People v. Greene, 74 Cal. 400, 5 Am.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by A. L. Smith against Rosell C. Collis and others. From an order refusing to set aside a default judgment, defendants appeal. The motion in this ease was a direct and not a collateral attack on the judgment herein. (People v. Greene, 74 Cal. 400, 5 Am. St. Rep. 448, 16 Pac. 197; People v. Davis, 143 Cal. 673, 77 Pac. 651.) This being so, any infirmity in the steps taken which led up to the judgment, whether the same appears from the statutory judgment-roll or from matter appearing of record in the court below…
1Opinion of the CourtJustice Holloway
On April 30, 1909, A. L. Smith commenced an action in the district court of Lewis and Clark county against Eosell C. Collis and Mary Collis to quiet title to certain real estate situate in the city of Helena. On May 1, Smith made and filed an affidavit for publication of summons, in which, among other things, it is alleged that the defendants are nonresidents of Montana and reside at Canastota, Oneida county, New York. On the same day the clerk of the court issued an order for publication, which directs that summons be published in the “Montana Daily Eecord” “at least in four numbers of said…
2Cases cited16 opinions
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Dunlap v. SteereCalifornia Supreme Court · 1891
- Gray v. LawlorCalifornia Supreme Court · 1907
- Leigh v. GreenNebraska Supreme Court · 1902
- Lord v. HawkinsSupreme Court of Minnesota · 1888
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3Cited by24 opinions
- Pender v. McKeeSupreme Court of Arkansas · 1979
- Brown v. Happy Valley Fruit Growers, Inc.California Supreme Court · 1929
- Wood v. BryneNorth Dakota Supreme Court · 1930
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Holen v. PhelpsMontana Supreme Court · 1957
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