Layton v. Trapp
Montana Supreme Court
Appeal from District Court, Silver Bow County. John Lindsay, Judge. Certiorari by B. F. Layton against John M. Trapp, justice of the peace, to review judgment. The judgment was annulled, and the justice appeals. Statement of the case by the justice delivering the opinion. This is an appeal from a judgment of the District Court of Silver Bow county annulling, in a certiorari proceeding, a judgment rendered by a justice of the peace of Silver Bow township, in said county.
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Appeal from District Court, Silver Bow County. John Lindsay, Judge. Certiorari by B. F. Layton against John M. Trapp, justice of the peace, to review judgment. The judgment was annulled, and the justice appeals. Statement of the case by the justice delivering the opinion. This is an appeal from a judgment of the District Court of Silver Bow county annulling, in a certiorari proceeding, a judgment rendered by a justice of the peace of Silver Bow township, in said county. It appears from the record that one Joseph Fisher recovered judgment against the relator in this case before S. H. Aim on, a…
1Opinion of the CourtPemberton, C. J.
The District Court held that the proof of the service of the summons issued by the justice, and returned by N. L. Almon, the person appointed' by the justice *455to serve the same, was not sufficient to give the justice jurisdiction to render judgment by default against the relator in the suit of Joseph Fisher against him.
Section 1688, Code of Civil Procedure, is as follows : “A justice may, at the request of a party, and on being satisfied that it is expedient, specially depute any proper person of suitable age, and not interested in the action, to serve a summons with or without an order to…
Also in this document: Concurrence.
2Cases cited8 opinions
- Jolley v. FoltzCalifornia Supreme Court · 1867
- Doerfler v. SchmidtCalifornia Supreme Court · 1883
- McMillan v. ReynoldsCalifornia Supreme Court · 1858
- Gadsby v. StimerMichigan Supreme Court · 1890
- King v. RandlettCalifornia Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Jenkins v. CarrollMontana Supreme Court · 1910
- State v. LagoniMontana Supreme Court · 1904
- Boucher v. St. GeorgeMontana Supreme Court · 1930
- Miller v. MillerMontana Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.