Eakins v. Kemper
Montana Supreme Court
Appeal from District Court, Silver Bow Cov/nty; William Clancy, Judge. Action by John Eakins and the Butte Sewer-Pipe & Tile Company against James W. Kemper. From an order setting aside a judgment by default, plaintiffs appeal. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Bow Cov/nty; William Clancy, Judge. Action by John Eakins and the Butte Sewer-Pipe & Tile Company against James W. Kemper. From an order setting aside a judgment by default, plaintiffs appeal. Statement of the case by the justice delivering the opinion. This was an action by the plaintiffs to recover the possession of certain premises and mining claims, and for damages for the detention of the possession of such property and premises from the plaintiffs. The suit was instituted under the statutory authority providing summary proceedings for obtaining…
1Opinion of the CourtHunt, J.
So far as material to the question presented in this case for decision, the affidavit of the defendant, Kemper, after setting forth somewhat in detail the facts upon which his case was based, and wherein he avers his own possession of the ground described in the complaint and the entry thereon during the temporary absence of his (the defendant’s) cus*163todian of the property, proceeds substantially as follows: Affiant says that after he was served with summons, in the afternoon of April 19th, he delivered it to J. L. Wines, one of his attorneys; that he himself understood the action to be one to…
2Cases cited6 opinions
- Jensen v. BarbourMontana Supreme Court · 1892
- Butte Butchering Co. v. ClarkeMontana Supreme Court · 1897
- Loeb v. SchmithMontana Supreme Court · 1868
- Whiteside v. LoganMontana Supreme Court · 1888
- Mantle v. LargeyMontana Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nash v. TreatMontana Supreme Court · 1912
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Bowen v. WebbMontana Supreme Court · 1906
- Southwestern Surety Ins. v. TreadwayMississippi Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.