Missoula Belt Line Ry. Co. v. Smith
Montana Supreme Court
Appeal from District Court, Missoula County; Theodore Lentz, Judge. Action by the Missoula Belt Line Railway Company against George P. Smith and others. From an order granting defendants’ motion to set aside a default judgment plaintiff appeals.
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Appeal from District Court, Missoula County; Theodore Lentz, Judge. Action by the Missoula Belt Line Railway Company against George P. Smith and others. From an order granting defendants’ motion to set aside a default judgment plaintiff appeals. The special appearances and motions made by defendants were not such proceedings as are contemplated by section 6719 of the Revised Codes; hence did not prevent entry of judgment upon the expiration of twenty days from the date of service. Under the above section a general appearance can. only be made by interposing an answer or a demurrer. There is…
1Opinion of the CourtChief Justice Brantly
On September 7, 1917, the plaintiff commenced an action in the district court of Missoula county to recover the sum of $8,000, with interest, which it was alleged the defendants had collected for the use and benefit of the plaintiff, but had failed and refused to pay to it. The defendants were on that day served with summons and a copy of the complaint. On September 20 the defendants filed with the clerk and served upon attorneys for plaintiff a motion asking the court to require the said attorneys to produce and prove their authority to appear as such in the action, and to order a stay of…
2Cases cited6 opinions
- Clark v. WillettCalifornia Supreme Court · 1868
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Keith v. WilsonSupreme Court of Missouri · 1840
- Mantle v. CaseyMontana Supreme Court · 1904
- Williams v. JohnsonSupreme Court of North Carolina · 1893
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3Cited by20 opinions
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- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Paramount Publix Corp. v. BoucherMontana Supreme Court · 1933
- State Ex Rel. Mueller v. District CourtMontana Supreme Court · 1930
- State Ex Rel. Saxtorph v. District Court, Fergus CountyMontana Supreme Court · 1954
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