Ervin v. Milne
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Cov/nty. Foreclosure of mortgage. Plaintiff’s motion, after judgment, for a writ of assistance was denied by Speer, J. Statement of the case by the justice delivering the opinion. Plaintiff appeals from an order of the district court refusing to issue, at his request, a writ of assistance for the recovery of certain real estate in the possession of one of the defendants, Sarah Milne.
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Appeal from Second Judicial District, Silver Bow Cov/nty. Foreclosure of mortgage. Plaintiff’s motion, after judgment, for a writ of assistance was denied by Speer, J. Statement of the case by the justice delivering the opinion. Plaintiff appeals from an order of the district court refusing to issue, at his request, a writ of assistance for the recovery of certain real estate in the possession of one of the defendants, Sarah Milne. It appears from the record that this action was originally commenced by the plaintiff against James R. Milne and Sarah, his wife; and the Miners Lumber Company, a…
1Opinion of the CourtDe Witt, J.
The statute, in so far as it concerns the affidavit and order for publication which was in force at the time of the publication of this summons, is as follows:
‘ ‘When the person on whom the service of a summons is to be made resides out of the territory or has departed from the territory or cannot, after due diligence, be found within the territory, or conceals himself to avoid the service of the summons, or when the defendant is a foreign corporation, or corporations, having no managing or business agent, cashier, secretary or other officer within the territory, and an affidavit stating any…
2Cases cited9 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Alderson v. MarshallMontana Supreme Court · 1888
- Newell v. MeyendorffMontana Supreme Court · 1890
- Palmer v. McMasterMontana Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Goore v. GooreWashington Supreme Court · 1901
- Aronow v. AndersonMontana Supreme Court · 1940
- Hinton v. StauntonMontana Supreme Court · 1951
- In Re Baxter's EstateMontana Supreme Court · 1934
- Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.