Legal Opinion

Wilcox v. Toston State Bank

Montana Supreme Court

Decided May 10, 1917No. 3,766PublishedCited by 6 opinions

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Ida j. Wilcox against tbe Toston State Bank and another. From judgment for defendants, plaintiff appeals.

1Opinion of the CourtJustice Holloway

This action was commenced in a justice of the peace court of Lewis and Clark county by filing a copy of an account as follows:

“Shelby, Mont., June 28, 1915.

John C. Clarke and Toston State Bank to Mrs. Ida J. Wilcox, Dr.

1914.

April 27. To money deposited with you on my acct.... $200 00

To interest............................. 2 65

Total......................$202 65”

Service of summons was made in Lewis and Clark county upon Clarke personally and as cashier of the bank. The defendants appeared specially and moved for a dismissal upon the ground that the court had no jurisdiction of the person of…

2Cases cited1 opinion

  1. Holbrook, Merrill & Stetson v. Superior Court of Sacramento CountyCalifornia Supreme Court · 1895

3Cited by6 opinions

  1. State Ex Rel. St. George v. Justice CourtMontana Supreme Court · 1927
  2. Pue v. Northern Pacific Railway Co.Montana Supreme Court · 1926
  3. Woody v. Security State BankMontana Supreme Court · 1923
  4. State Ex Rel. St. George v. Justice Court of Silver Bow TownshipMontana Supreme Court · 1929
  5. Stoffels v. CherryMontana Supreme Court · 1923

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