Pierson v. Daly
Montana Supreme Court
Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by C. E. Pierson against T. H. Daly. From an order quashing an execution issued by the clerk of the district court on an abstract of a justice’s judgment filed with and docketed by him and striking such abstract from the files, plaintiff appeals.
1Opinion of the CourtChief Justice Brantly
In May, 1912, prior to the 28th, the plaintiff (appellant herein) brought an action before Lee L. Minnick, a justice of the peace at Saco, Valley county, to recover judgment for the sum of $137.93, with interests and costs. Effective service of summons upon the defendant was not secured until August 6, an alias summons served on that date being returned and filed on August 9. Thereafter the defendant appeared and filed a plea or objection to the jurisdiction of the justice. On September 25 the objection was overruled and the defendant was given “till October 1, 1912, in which to plead, answer…
2Cases cited6 opinions
- Finlen v. HeinzeMontana Supreme Court · 1902
- Town of Hayward v. PimentalCalifornia Supreme Court · 1895
- Schultze v. StateCourt of Appeals of Maryland · 1875
- Gates v. LaneCalifornia Supreme Court · 1874
- Kerns v. GravesCalifornia Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Ex Rel. Pereira v. District CourtMontana Supreme Court · 1928
- Davis Brothers Drug Co. v. CounterSupreme Court of Colorado · 1924