State Ex Rel. Butte-Los Angeles Mining Co. v. District Court

This is an original proceeding by which the relator seeks to have a judgment, No. 35769, of the district court for the Second Judicial District of the state of Montana in and for Silver Bow county, annulled and set aside and an order issued directing that court to grant the demands of the relator as set forth in its complaint. The complaint was filed on October 14, 1935, naming John J. McNamara and Foster Porter as defendants. Later it appears that McNamara acquired Porter’s interest in the property involved, and the record shows that Porter was not served with summons.

The complaint in the…