State ex rel. Schatz v. District Court
Montana Supreme Court
Original application in the name of the state, on the relation of Ludwig Schatz, for writ of prohibition to the district court of the county of Silver Bow.
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Original application in the name of the state, on the relation of Ludwig Schatz, for writ of prohibition to the district court of the county of Silver Bow. We believe the action brought in the district court falls within that class of cases designated by the court in Gassert v. Strong, 38 Mont. 18, 98 Pac. 497, as actions quasi in rem, if it does not in fact have all of the characteristics and elements of an action purely in rem, and must therefore be brought in the county where the subject of the action is situated. It is not an action in personam, however, and hence must be an action in…
1Opinion of the CourtJustice Holloway
On January 12, 1909, George Uffel commenced an action in the district court of Silver Bow county against Ludwig Schatz. In the complaint it is alleged that Uffel is the owner and in possession of certain real estate situated in Broadwater county; that on December 8, 1896, Uffel and his wife executed and delivered to Schatz a mortgage upon the property mentioned to secure a loan of $3,000, and that the mortgage was duly recorded; that Schatz agreed to advance on such mortgage as security the full sum of $3,000, but that he has failed and refused to advance such sum or any part thereof, except…
2Cases cited2 opinions
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Kanawha Coal Co. v. Kanawha & O. Coal Co.U.S. Circuit Court for the District of Southern New York · 1870
3Cited by4 opinions
- Hardenburgh v. HardenburghMontana Supreme Court · 1944
- Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
- McKinney v. MiresMontana Supreme Court · 1933
- Electrical Products Consolidated v. GoldsteinMontana Supreme Court · 1934