English v. Jenks
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Action by Mr. J. English against Shirley H. Jenks. From a judgment by default, defendant appeals. Where the judgment-roll shows serviee is constructive, the presumption that the court had jurisdiction ceases, and the burden of establishing jurisdiction is thrown upon the party claiming under the judgment.
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Action by Mr. J. English against Shirley H. Jenks. From a judgment by default, defendant appeals. Where the judgment-roll shows serviee is constructive, the presumption that the court had jurisdiction ceases, and the burden of establishing jurisdiction is thrown upon the party claiming under the judgment. (1 Freeman on Judgments, secs. 127, 131; Palmer v. McMaster, 8 Mont. 186-192, 19 Pac. 585; Burke v. Inter-State Savings etc. Assn., 25 Mont. 315, 87 Am. St. Rep. 416, 64 Pac. 879; Hanipt v. Simington, 27 Mont. 480, 483, 94…
1Opinion of the CourtJustice Sanner
Appeal by Shirley’ II. Jenks from a judgment by default. Service of summons was by publication, and the contention is that the court below was without jurisdiction. Several reasons are suggested, one of which; however, will suffice.
The complaint, which names Jenks and Joseph P. Nolan as defendants, alleges, in substance, that the plaintiff — respondent here — performed certain professional services and expended certain moneys to the value and amount of $7,525 as an attorney for Jenks in the prosecution of a suit by the latter against the British-Butte Mining Company; that the results of the…
2Cases cited5 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Haupt v. SimingtonMontana Supreme Court · 1903
- Palmer v. McMasterMontana Supreme Court · 1888
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