Ben Kress Nursery Co. v. Oregon Nursery Co.
Montana Supreme Court
Appeal from District Court, Bavalli County; B. Lee McCul-loch, Judge. Action by tbe Ben Kress Nursery Company against 'the Oregon Nursery Company. From a default judgment and an order refusing to vacate it, defendant appeals. submitted a brief; argued the cause orally. argued the cause orally.
1Opinion of the CourtJustice Holloway
Plaintiff commenced this action on October 13, 1910, against the Oregon Nursery Company and the Bitter Root Valley Irrigation Company. Service was made upon each defendant; but on October 25, before the time for appearance had expired and before any appearance had been made by either defendant, the plaintiff filed an amended complaint and served a copy of it upon defendant Bitter Root Valley Irrigation Company, but did not serve the defendant Oregon Nursery Company. The Bitter Root Valley Irrigation Company interposed a demurrer to the amended complaint, which- was sustained. The plaintiff…
2Cases cited13 opinions
- Leyson v. DavisMontana Supreme Court · 1895
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Linott v. RowlandCalifornia Supreme Court · 1897
- Newell v. MeyendorffMontana Supreme Court · 1890
- Raymond v. ThextonMontana Supreme Court · 1888
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3Cited by11 opinions
- Berne v. StevensMontana Supreme Court · 1923
- Griffith v. Montana Wheat Growers' Ass'nMontana Supreme Court · 1926
- Hansen v. GoodrichMontana Supreme Court · 1919
- Monarch Lumber Co. v. HaggardMontana Supreme Court · 1961
- Price v. SkylsteadMontana Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.