Beller v. Le Boeuf
Montana Supreme Court
Appeal from District Court, Sanders County; R. Lee Mc-Culloch, Judge. ACTION by Alfred Beller against Gilbert Le Boeuf and others, partners under the firm name and style of Moser & Campbell. From an order setting aside a default judgment, plaintiff appeals.
1Opinion of the CourtJustice Sanner
In this action a demurrer to the complaint on behalf of defendants Moser and Campbell was sustained. Thereafter an amended complaint was filed by plaintiff and a copy thereof served on counsel for said defendants. The date of the filing is September 13, 1913. The date of the service is disputed. On October 4, 1913, the plaintiff filed his praecipe for the default of said defendants for their failure to answer or demur, which default was noted in due form, and on the same day judgment by the clerk was entered conformably to the' plaintiff’s prayer. Thereafter a motion on behalf of said…
2Cases cited3 opinions
- Emerson v. McNairMontana Supreme Court · 1903
- Latimer v. NelsonMontana Supreme Court · 1913
- State ex rel. Hickey v. District CourtMontana Supreme Court · 1911
3Cited by8 opinions
- Cure v. SouthwickMontana Supreme Court · 1960
- Baca v. CatronNew Mexico Supreme Court · 1917
- Pascoe v. NelsonMontana Supreme Court · 1916
- State v. LaughlinMontana Supreme Court · 1937
- Snohomish County v. BoettcherWashington Supreme Court · 1965
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