Silver Camp Mining Co. v. Dickert
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. Action by tbe Silver Gamp Mining Company and another against Ferdinand Dickert. From a judgment for plaintiffs, defendant appeals.
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Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. Action by tbe Silver Gamp Mining Company and another against Ferdinand Dickert. From a judgment for plaintiffs, defendant appeals. Appellant contends that an action for the specific performance of a .contract is an action in personam, not in rem, and that substituted service, as by publication or personal service without the state, can be had so as to bind the property which is the subject of the action only in actions in rem, not in actions in personam. That such service will not support a judgment in an action…
1Opinion of the CourtJustice Holloway
This is an action brought by the Silver Camp Mining Company and another against Perdinand Dickert, to enforce the specific performance of a contract to convey certain real estate situate in Lewis and Clarke county, Montana, .and to compel the defendant Dickert to make an assignment of certain dividends.
*491At the time this action was commenced, and, so far as this record shows, at all times therein mentioned, Dickert was not a resident of the state of Montana, he being a resident of the state of Utah. The plaintiffs made affidavit for publication of summons, secured an order to that effect, and…
2Cases cited36 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Massie v. WattsSupreme Court of the United States · 1810
- Roller v. HollySupreme Court of the United States · 1900
- Freeman v. AldersonSupreme Court of the United States · 1886
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3Cited by16 opinions
- State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
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- Gassert v. StrongMontana Supreme Court · 1908
- Hanson v. HansonNebraska Supreme Court · 1948
- Thrift v. ThriftMontana Supreme Court · 1918
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