Smotherman v. Christianson

Certain questions arising out of this litigation have been determined by this court heretofore. (State ex rel. Smotherman v. District Court, 50 Mont. 119, 145 Pac. 724; State ex rel. Smotherman v. District Court, 51 Mont. 495, 153 Pac. 1019.) The 'action is for damages for trespass. Due service of process was made, but defendant suffered his default to be entered, and after the lapse of more than two years moved the court to dismiss the action upon the ground that for more than six months after the default plaintiff neglected to demand and *204have judgment entered. The motion was sustained,…