State Ex Rel. Goldstein v. District Court

On September 27, 1933, an action was commenced in the respondent court by KGIB, a corporation,' against Jack Gold-stein, trading and doing business as “Lubins,” and Ben Gold-stein. Ben Goldstein was never served with a copy of the summons or complaint. The return shows that purported service upon him was had by delivering a copy of the summons and complaint to “Jack Goldstein as the agent in Montana of Ben Goldstein.” The default of Ben Goldstein was entered in the action on December 4. It is conceded by all parties that there was no proper service of process on Ben Goldstein. On December 11…