Roush v. Fort
Montana Supreme Court
Appeal-from Third District, Lewis and Clarke County. This action was before this court on another appeal. 2 Mon. 482. Isaac P. Alden, Esq., was appointed a referee to take the testimony and find the sums that were due to thejmrties. This report was confirmed by the court, Wade, C. J., and a judgment was entered against Fort. No copy of the amended and supplemental complaint was served, as required by law, on Fort, or his attorney.
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Appeal-from Third District, Lewis and Clarke County. This action was before this court on another appeal. 2 Mon. 482. Isaac P. Alden, Esq., was appointed a referee to take the testimony and find the sums that were due to thejmrties. This report was confirmed by the court, Wade, C. J., and a judgment was entered against Fort. No copy of the amended and supplemental complaint was served, as required by law, on Fort, or his attorney. Fort had no attorney and should have been served himself. Civ. Pr. Act, § 53 ; People v. Rains, 23 Cal. 128; Willson v. Clemeland, 30 id. 192. The court erred in…
1Opinion of the CourtPlaKE, J.
This is the second appeal that has been taken in this case, and it is not necessary to repeat the facts, which are stated in the opinion on the first appeal that has been reported. 2 Mon. 482. After this decision had been rendered, and the cause had been remanded to the court below for further proceedings, the respondents filed March 15, 1876, by leave of the court, their amended and'supplemental complaint, o This complaint was filed in open court and it was ordered that the appellant plead on or before March 18, 1876. No pleading was filed by the appellant, and the respondents moved for…
2Cases cited6 opinions
- Buckley v. BuckleyNevada Supreme Court · 1877
- Cross v. ZaneCalifornia Supreme Court · 1874
- Roussin v. StewartCalifornia Supreme Court · 1867
- Grant v. WhiteCalifornia Supreme Court · 1856
- Robinson v. . WilloughbySupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Hansen v. District CourtMontana Supreme Court · 1925
- Hand v. HandMontana Supreme Court · 1957
- Potter v. LohseMontana Supreme Court · 1904