Black v. Clendenin
Montana Supreme Court
Appeal from Third District, Lewis and, Clarke Counties. This action was tried by Wade, O: J. The subpoena was of no validity, and- the certificate of the U. S. marshal had no legal efficacy. United States v. Ensign, 2 Mon. 396. The United States marshal is unknown to our Civil Practice Act, and the service of the summons is confided to certain officers and persons.
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Appeal from Third District, Lewis and, Clarke Counties. This action was tried by Wade, O: J. The subpoena was of no validity, and- the certificate of the U. S. marshal had no legal efficacy. United States v. Ensign, 2 Mon. 396. The United States marshal is unknown to our Civil Practice Act, and the service of the summons is confided to certain officers and persons. The sheriff can only serve papers in. his county and no certificate is of legal force except it be provided by law. Woods v. Nabors, 1 Stew. (Ala.) 172 ; Ilallowell Bank v. Ilamlin, 14 Mass. 178 ; Oakes v. mil, 14 Pick. 442 ;…
1Opinion of the Court
Blaiíe, J.
This action was commenced March 30, 1872, to procure the dissolution of a copartnership and an accounting between the appellant and respondent. The complaint was filed in the office of the clerk of the third judicial district, in and for Lewis and Clarke counties. A summons in conformity to the statutes of the Territory was issued April 1, 1872, and the return-thereon is as follows:
“ Office of the Mahrhal, U. S. Dist. of Montaka :
I herby certify that I received the within summons on the 12th day of April, A. D. 1872, and personally served the same on the defendant 29th day of April,…
2Cases cited6 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Hornbuckle v. ToombsSupreme Court of the United States · 1874
- Lyman v. MiltonCalifornia Supreme Court · 1872
- Deidesheimer v. BrownCalifornia Supreme Court · 1857
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3Cited by6 opinions
- State ex rel. Lane v. District CourtMontana Supreme Court · 1915
- State Ex Rel. Bingham v. District CourtMontana Supreme Court · 1927
- Barber v. BriscoeMontana Supreme Court · 1888
- Hogevoll v. HogevollMontana Supreme Court · 1945
- Duluth Brewing & Malting Co. v. AllenMontana Supreme Court · 1915
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