State Ex Rel. Sowerwine v. District Court of the First Judicial District

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an original proceeding. On February 11, 1965, this court handed down its opinion in Sowerwine v. Sowerwine, 145 Mont. 81, 399 P.2d 233, which directed that a default and decree of divorce which had been entered in the district court be set aside and that Elbert Sowerwine be permitted to appear to answer and further plead, and provided that costs were to be borne by Elbert Sowerwine.

On April 5, 1965, relator instituted this original proceeding by seeking an appropriate writ, alleging that on March 10, 1965, Lucille…