Legal Opinion

State Ex Rel. Duckworth v. District Court

Montana Supreme Court

Decided June 10, 1938No. 7,812PublishedCited by 21 opinions

1Opinion of the CourtJustice Anderson

This is an original proceeding for a writ of supervisory control. Relator brought an action in the district court of Phillips county for a divorce on the ground of desertion. At the time of the commencement of the action his wife was residing in Canada. Upon affidavit for publication, an order for publication of summons was issued, and thereafter the defendant was personally served with summons and copy of the complaint in Canada. No appearance was made on the part of defendant. Proof was submitted on behalf of the relator, which disclosed that he was a citizen of Canada and in the Dominion…

2Cases cited12 opinions

  1. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  2. Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
  3. Behrensmeyer v. KreitzIllinois Supreme Court · 1891
  4. State v. SavreSupreme Court of Iowa · 1905
  5. Bechtel v. BechtelSupreme Court of Minnesota · 1907

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3Cited by21 opinions

  1. Alves v. AlvesDistrict of Columbia Court of Appeals · 1970
  2. Gosschalk v. GosschalkNew Jersey Superior Court Appellate Division · 1958
  3. In Re Takahashi's EstateMontana Supreme Court · 1942
  4. Clinton v. MillerMontana Supreme Court · 1951
  5. In Re Blankenbaker's EstateMontana Supreme Court · 1939

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