Sanders v. Farwell
Montana Supreme Court
Appeal from, the First District, Madison County. The demurrer of Farwell to the bill of Sanders was sustained by the court, Murphy, J., in April, 1872, and Sanders appealed. The facts are stated in the opinion. The district courts have jurisdiction of the subject-matter. Respondent appeared by demurrer, and that gave the court jurisdiction of his person. If the process was improper, it will be set aside or quashed, and new and proper process could be invoked.
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Appeal from, the First District, Madison County. The demurrer of Farwell to the bill of Sanders was sustained by the court, Murphy, J., in April, 1872, and Sanders appealed. The facts are stated in the opinion. The district courts have jurisdiction of the subject-matter. Respondent appeared by demurrer, and that gave the court jurisdiction of his person. If the process was improper, it will be set aside or quashed, and new and proper process could be invoked. If the service was by the wrong officer, the writ could have been served by the proper officer thereafter, and a motion limited to…
1Opinion of the CourtKnowles, J.
It appears by the bill of exceptions presented in this case, that the appellant filed his bill for the foreclosure of a vendor’s lien “ in the office of the clerk of the district court of the United States in and for the first judicial district of the Territory of Montana.” That afterward, in pursuance of the prayer of the bill, a writ of subpoena, issued out of said court, directed to the respondent, Don C. Farwell, commanding him to personally appear before the judge of the district court of the United States of America for the first judicial district of the Territory of Montana, within ten…
2Cases cited2 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Benner v. PorterSupreme Court of the United States · 1850
3Cited by4 opinions
- State Ex Rel. Bingham v. District CourtMontana Supreme Court · 1927
- State Ex Rel. Westlake v. District Court of First Judicial DistrictMontana Supreme Court · 1946
- State ex rel. O'Grady v. District CourtMontana Supreme Court · 1921
- Property Owners' League v. City of San JuanSupreme Court of Puerto Rico · 1908