Curn v. Perkins
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winstonr Judge. Action by Amelia Curn against John Perkins. Judgment for defendant, and he appeals from an order granting plaintiff a new trial. A party relying upon a service of notice by mail must show a strict compliance with the provisions of the statute in making service.
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Appeal from District Court, Powell County; Geo. B. Winstonr Judge. Action by Amelia Curn against John Perkins. Judgment for defendant, and he appeals from an order granting plaintiff a new trial. A party relying upon a service of notice by mail must show a strict compliance with the provisions of the statute in making service. Where service is sought to be made by mail, it should appear that the conditions on which its validity depends had existence; otherwise the evidence must be held insufficient to establish the fact of service. (People v. Alameda T. Co., 30 Cal. 182; Bross v. Nicholson, 1…
1Opinion of the CourtJustice Smith
The plaintiff began this action in the district court of Powell county for the purpose of foreclosing a real estate mortgage securing the payment of a note for $1,000. The cause came on regularly for trial before the court sitting with a jury, on the eleventh day of February, 1909. The jury returned a verdict in favor of the defendants. Upon this verdict a judgment was rendered on the eighteenth day of February, 1909. The record contains what purports to be a notice of intention to move for a new trial, with affidavit of service dated February 23, 1909, thereto attached. This affidavit of…
2Cases cited5 opinions
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Vreeland v. EdensMontana Supreme Court · 1907
- Murray v. HauserMontana Supreme Court · 1898
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1906
- Kenyon-Noble Lumber Co. v. School District No. 4Montana Supreme Court · 1909