Choate v. Spencer
Montana Supreme Court
Appeal from, Sixth Judicial District, Meagher County. Action to annul sheriff’s deed. Defendants’ demurrer to the complaint was sustained by Henry, J. Reversed. The judgment rendered against appellant in the case of Sullivan v. Choate, was a nullity, because the seal of the district court was not affixed to the summons.
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Appeal from, Sixth Judicial District, Meagher County. Action to annul sheriff’s deed. Defendants’ demurrer to the complaint was sustained by Henry, J. Reversed. The judgment rendered against appellant in the case of Sullivan v. Choate, was a nullity, because the seal of the district court was not affixed to the summons. Sections 527, 528, and 68 of the Code of Civil Procedure provide in substance respectively that the district court shall have a seal, that the clerk shall keep the seal and that the summons must be issued under the seal of the court. By the ancient common law, all process…
1Opinion of the CourtPemberton, C. J.
This is a suit to quiet title to certain mining property, situated in Meagher county, and described in the complaint. The appellant, who was plaintiff below, alleges in his complaint that on the sixteenth day of July, 1888, he was, and is now, seised and possessed of an estate of inheritance in and to the mining claim described therein; that the respond*131ents, who were defendants below, are tenants in common with him in and to said property, but dispute appellant’s title to the same; that on the seventeenth day of July, 1888, the appellant was indebted to one Jere Sullivan in the sum of…
2Cases cited10 opinions
- State v. DavisIndiana Supreme Court · 1881
- Insurance Co. v. HallockSupreme Court of the United States · 1868
- Wheaton v. ThompsonSupreme Court of Minnesota · 1873
- Sullivan v. City of HelenaMontana Supreme Court · 1890
- Williams v. VanmetreIllinois Supreme Court · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Sharman v. HuotMontana Supreme Court · 1898
- In re FarrellMontana Supreme Court · 1907
- Holt v. SatherMontana Supreme Court · 1928
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
13 more not listed; retrieve them via the Exa API.