Sanford v. Edwards
Montana Supreme Court
Appeal from First-Judicial District, Lewis and Clarice County. Action on Judgment. Judgment was rendered for the plaintiffs, below by Buck, J. Statement of the case by the justice delivering the opinion. It appears from the record and pleadings in this case that on March 4th, 1887, plaintiffs recovered judgment against the defendant before a justice of the peace for the sum of $298.99 and costs.
Read the full summary
Appeal from First-Judicial District, Lewis and Clarice County. Action on Judgment. Judgment was rendered for the plaintiffs, below by Buck, J. Statement of the case by the justice delivering the opinion. It appears from the record and pleadings in this case that on March 4th, 1887, plaintiffs recovered judgment against the defendant before a justice of the peace for the sum of $298.99 and costs. This is an action commenced in the district court to recover judgment on the judgment rendered before said justice of the peace. The complaint in this case alleges that by mistake the name of the…
1Opinion of the CourtPemberton, C. J.
The first question presented by this appeal is as to whether the constable’s service of the summons issued by the justice was void. If the service of the summons was void, then it will not be disputed that the judgment of the justice, on which this suit is brought, was and is void also, as well as all proceedings thereunder.
Section 744, Code of Civil Procedure, Compiled Statutes, 1887, in force at the time of the service of the summons in question, and which must govern in the determination of the *59case, after prescribing the manner of service of summons on corporations, minors, persons of…
Also in this document: Concurrence.
2Cases cited12 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- People v. TylerMichigan Supreme Court · 1859
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Newlove v. WoodwardNebraska Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Chaney v. ReddinSupreme Court of Oklahoma · 1949
- Dawson v. AndersonSupreme Court of Oklahoma · 1913
- McFarlane v. CorneliusOregon Supreme Court · 1903
- Nelson v. RobinsonNebraska Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.