Dyas v. Keaton
Montana Supreme Court
Appeal from Third District, Meagher County. This action was tried by a jury before Wade, C. J. Upon tbe first bearing of this appeal', an opinion was delivered by Hr. Justice Kkowles, and the judgment of the court below was reversed- Blake, J., concurred, and Wade, C. J., dissented. A motion for a rehearing was filed and the cause was reargued at a subsequent term upon the questions referred to in the opinion.
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Appeal from Third District, Meagher County. This action was tried by a jury before Wade, C. J. Upon tbe first bearing of this appeal', an opinion was delivered by Hr. Justice Kkowles, and the judgment of the court below was reversed- Blake, J., concurred, and Wade, C. J., dissented. A motion for a rehearing was filed and the cause was reargued at a subsequent term upon the questions referred to in the opinion. The authorities on which the original opinion was based are contained in the appellant’s brief. Appellant appeared voluntarily and answered, and went to trial on the merits and thereby…
1Opinion of the CourtGrALBEAiTH, J.
Thisis a rehearing upon the question of whether or not the court below erred .in overruling a motion to quash the summons; and also, if such action was erroneous, whether or not the judgment against the defendant should be reversed by reason of this error.
The action was for slander and brought to April term, 1876. The summons contained a notice that if the defendant failed to appear and answer the complaint, as required therein, the plaintiff would take judgment against him for the sum claimed in the complaint, and the costs of suit. The defendant appeared specially and moved to quash the…
2Cases cited3 opinions
- Porter v. HermannCalifornia Supreme Court · 1857
- Converse v. WarrenSupreme Court of Iowa · 1856
- Smith v. CurtisCalifornia Supreme Court · 1857
3Cited by6 opinions
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Sanford v. EdwardsMontana Supreme Court · 1896
- Hobson v. New Mexico & Arizona RailroadArizona Supreme Court · 1886
- Sweeney v. SchultesNevada Supreme Court · 1885
- Schuttler v. KingMontana Supreme Court · 1892
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