Legal Opinion

Sperling v. Calfee

Montana Supreme Court

Decided July 15, 1888PublishedCited by 11 opinions

Appeal from the District Court, Gallatin County. The judgment entered by the clerk in vacation was invalid, the statute authorizing it being unconstitutional.

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Appeal from the District Court, Gallatin County. The judgment entered by the clerk in vacation was invalid, the statute authorizing it being unconstitutional. Secs. 1851, 1907, U. S. Rev. Stats.; Attorney-General v. McDonald, 3 "Wis. 705-707; Gough v. Dorsey, 27 Wis. 119-131; Ferris v. Higley, 20 Wall. 375, 384-385; Mayberry v. Kelly, 1 Kan. 116; People v. Dukell, 1 Idaho, 44; 2lore v. Kowbly, 1 Idaho, 55; Dunphy v. Kleimschniidt, 11 Wall. 610; Thorp v. Woolman, 1 Mont. 16. We are aware that in California and other states judgments entered by clerks on default in certain cases are valid; but…

1Opinion of the CourtDe Wolee, J.

The plaintiff sued the defendant in the district court of Gallatin County, and obtained judgment against him by default January 3,1887, for the sum' of $7,069.70, and costs. On March 14, 1887, execution was issued on this judgment, and a notice of garnishment or levy was served on T. J. Lynde for T. J. Lynde & Go., as debtors to White Calfee. On April 9th, T. J. Lynde, on behalf of his firm, made answer that they had no property in their hands belonging to Calfee, unless, upon a settlement, they were indebted to him, and that he could not state what, if anything, this would be. On April…

2Cases cited2 opinions

  1. Adams v. HackettCalifornia Supreme Court · 1857
  2. Thompson v. O'NeilCalifornia Supreme Court · 1871

3Cited by11 opinions

  1. Tefft v. TefftMontana Supreme Court · 1981
  2. Carter v. NyeMontana Supreme Court · 1994
  3. Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
  4. State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910
  5. Barber v. BriscoeMontana Supreme Court · 1890

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