State Ex Rel. Matt v. District Court

This is an original proceeding in certiorari. The writ was issued, and final hearing was had, upon the filing of the return thereto by the defendants. It appears from the relator’s affidavit for the writ and the defendants’ return, that on April 14, 1927, a complaint in usual and ordinary form was filed in the district court of Missoula county to foreclose a mortgage upon real estate in Missoula county by Eva Mercer, as plaintiff, against the relator herein, Henry Matt, and Margaret Matt, his wife, the latter having since died; that the defendant in that action, Margaret Matt, was duly served…