Bonser v. County of Cascade

MR. JUSTICES DALY and HASWELL

(dissenting):

We dissent.

*9We do not quarrel with the district court’s findings on the merit as it concerns the health and welfare of the children.

The problem here is whether the district court had jurisdiction in this case, that is, the right to hear and determine the matter at all.

Here the State of Montana filed a petition on June 11, 1971, seeking temporary custody of five children; had a proper citation issued; a hearing date set; and the parties served as directed by section 10-504, R.C.M. 1947, and thereby acquired jurisdiction for that purpose.

The hearing was…