Schmidt v. Schmidt

This is an appeal from an order of the district court of Teton county, denying the defendant’s motion to vacate a default divorce decree.

The original summons was issued on January 23, 1914, and was filed on the same day, bearing the following sheriff’s return: “I * * was unable to serve the same upon Defendant for the reason that said Defendant could not be located within the State of Montana and am informed said Defendant is now a resident of the State of New York. ” On the same day another summons, entitled “ Alias Summons,” was issued which included a general statement of the nature of the…