State ex rel. Kenyon v. Laurandeau
Montana Supreme Court
Appeal from District Court, Silver Dow County; John Dindsay, Judge. Certiorari by the state Montana, on the relation of William R. Kenyon, against E. J. Laurandeau, as justice of the peace in and for Silver Bow township,. Silver Bow county, Montana. From a judgment for plaintiff, defSndant appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Dow County; John Dindsay, Judge. Certiorari by the state Montana, on the relation of William R. Kenyon, against E. J. Laurandeau, as justice of the peace in and for Silver Bow township,. Silver Bow county, Montana. From a judgment for plaintiff, defSndant appeals. Statement of the case by the justice delivering the opinion. The record -and the application for a writ of certiorari in this ease show that one Joseph Milano commenced an action before M. L. Holland, a justice of the peace in Silver Bow county, on the 27th day of. October, 1896, against J. Ross…
1Opinion of the CourtPemberton, C. J.
The .question presented, and the only one we will discuss, is as to whether — as shown by the above statement — the justice had jurisdiction to render the judgment complained of by the relator.
*218The justice’s docket does not show that plaintiff appeared at the time specified in the summons, or within one hour thereafter. In such case, Subdivision 2, Section 1621, Code of Civil Procedure, provides the justice may enter judgment dismissing the case without prejudice to a new action, and for costs. The docket of the justice must affirmatively show that the plaintiff was present at such time, in…
2Cases cited6 opinions
- Mudge v. YaplesMichigan Supreme Court · 1885
- Brady v. TaberMichigan Supreme Court · 1874
- Muller v. PlueNebraska Supreme Court · 1895
- Redman v. WhiteMichigan Supreme Court · 1872
- Post v. HarperMichigan Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State v. LagoniMontana Supreme Court · 1904
- State ex rel. Davis v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1903
- Boucher v. St. GeorgeMontana Supreme Court · 1930
- In re GrayeMontana Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.