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CURE v. SOUTHWICK

No. 9960.

349 P.2d 575 (1960)

Orin R. CURE, as Executor of the Estate of Bernal Southwick, Plaintiff and Appellant, v. Helen SOUTHWICK, Defendant and Respondent.

Supreme Court of Montana.

Decided February 23, 1960.

Attorney(s) appearing for the Case

Hoffman & Cure, Great Falls, for appellant. Orin R. Cure, Great Falls, argued orally.

Hall, Alexander & Kuenning, Great Falls, for respondent. John H. Kuenning, Great Faalls, argued orally.

PHILIP C. DUNCAN, District Judge, sitting in place of MR. Chief Justice HARRISON, delivered the Opinion of the Court.

Bernal Southwick, the husband and original plaintiff and appellant herein, died subsequent to the perfection of the appeal and his executor was substituted by order of this court.

This is an appeal from an order setting aside the default of the defendant wife in a divorce action and vacating the judgment...

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