HOLEN v. PHELPS

No. 9337.

308 P.2d 624 (1957)

Kenneth HOLEN, Plaintiff and Respondent, v. Edmund J. PHELPS, Jr., et ux., and J.J. Mangan, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided March 26, 1957.


Attorney(s) appearing for the Case

John Marriott Kline, Glasgow, argued orally, for appellants.

Bayuk & Lowney, Poplar, Jardine, Chase & Stephenson, Great Falls, (Alex Blewett, Jr., Great Falls, argued orally), for respondent.


CASTLES, Justice.

This is an appeal from an order denying a petition for relief from a default judgment under the provisions of R.C.M. 1947, § 93-3905.

The plaintiff, respondent herein, filed a complaint on July 16, 1951, against the defendants, appellants, and others to quiet title to a quarter section of land in Roosevelt County. Respondent's attorney, after serving various parties within the State of Montana, made an affidavit for publication of summons...

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