Legal Opinion

State ex rel. Jerry v. District Court

Montana Supreme Court

Decided February 24, 1920No. 4,546PublishedCited by 6 opinions

Original application by the State, on the relation of H. E. Jerry, for writ of supervisory control to annul an order of the District Court of the Eighteenth Judicial District in and for the county of Hill, vacating a default judgment.

1Opinion of the CourtChief Justice Brantly

Original application to this court for an order under its supervisory power to annul an order of the district court of Hill county vacating a judgment.

On October 3, 1919, the relator commenced an action in the district court of Hill county against M. O’Connell, to recover of him damages for injury alleged to have been done by him to relator’s property. Because of his failure to obtain service of the original summons issued upon the filing of the complaint, the relator procured the issuance of an alias summons. This was served on O’Connell by delivery to him of a copy attached to a copy of the…

2Cases cited11 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. Sharman v. HuotMontana Supreme Court · 1898
  3. Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911
  4. Foore v. Simon Piano Co.Idaho Supreme Court · 1910
  5. Choate v. SpencerMontana Supreme Court · 1893

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3Cited by6 opinions

  1. State ex rel. Peel v. District CourtMontana Supreme Court · 1921
  2. State ex rel. Sinko v. District CourtMontana Supreme Court · 1922
  3. Holt v. SatherMontana Supreme Court · 1928
  4. State Ex Rel. Regis v. District CourtMontana Supreme Court · 1936
  5. State Ex Rel. Larsen v. District CourtMontana Supreme Court · 1927

1 more not listed; retrieve them via the Exa API.

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