State ex rel. Beadle v. Smith
Montana Supreme Court
Appeal from District Court, Gallatin County; W. E. C. Stewart, Judge. Writ op Review by the state, on the relation of J. W. Beadle and another, against the Justice Court of Township No. 1 of Gallatin County, W. Y. Smith, Justice of the Peace. From a judgment for relators, defendant appeals.
1Opinion of the CourtChief Justice Brantly
On December 9, 1909, Daniel Marshall brought his action before W. Y. Smith, a justice of the peace for Township 1 in Gallatin county, against J. W. Beadle and J. K. Bailey, to recover the sum of $299.50, alleged to be due as a balance on account. Summons was issued at once, but the defendants could not be found. An attachment was also issued and levied upon property belonging to defendant Beadle. An alias summons was afterward, on March 7,, 1910, served on Beadle, returnable on March 17 at 10 o’clock A. M. Bailey was not served. At the time fixed for appearance on March 17, the justice…
2Cases cited3 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
- State ex rel. Grissom v. Justice CourtMontana Supreme Court · 1904
3Cited by4 opinions
- State ex rel. Deck v. District CourtMontana Supreme Court · 1922
- State Ex Rel. McGrath v. District CourtMontana Supreme Court · 1928
- Burch v. RobersonMontana Supreme Court · 1913
- Stoffels v. CherryMontana Supreme Court · 1923