Kleinschmidt v. Morse
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. In December, 1867, Kleinschmidt commenced this action upon certain drafts in the district court. In February, 1868, an amended complaint was filed and an alias summons was issued, which was returned by the officer as personally served. On March 2,1868, the defendant appeared specially, and moved to quash the alias summons, and the return of service indorsed upon it.
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Appeal from the Third District, Lewis and Clarke County. In December, 1867, Kleinschmidt commenced this action upon certain drafts in the district court. In February, 1868, an amended complaint was filed and an alias summons was issued, which was returned by the officer as personally served. On March 2,1868, the defendant appeared specially, and moved to quash the alias summons, and the return of service indorsed upon it. This motion was sustained by the court on March 9, 1868. In December, 1867, Kleinschmidt obtained a writ of attachment, and defendant filed a plea in abatement of the same…
1Opinion of the CourtKnowles, J.
This cause comes to this court on appeal from an order of the court below, vacating and declaring null and void a judgment of that court.
It appears that at the time of filing the complaint in this action a summons was issued. This was quashed by order of court for a defective service. Afterward the plaintiff filed an amended complaint, and had an alias summons issued. The plaintiff, in the mean time, had filed his affidavit for a writ of attachment, to issue against the property of respondent. The respondent appeared in the action, and filed his plea in abatement. The court sustained the…
2Cited by5 opinions
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