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ERICKSON v. TOY

No. 10466

385 P.2d 268 (1963)

A.S. ERICKSON and Cordelia B. Erickson, Plaintiffs and Appellants, v. W.C. TOY and Mrs. W.C. Toy, Defendants and Respondents.

Supreme Court of Montana.

Decided April 10, 1963.

Rehearing denied May 22, 1963.

Attorney(s) appearing for the Case

Horace J. Dwyer (argued), Anaconda, for appellants.

Angland & Marra, Joseph R. Marra (argued), Great Falls, for respondents.

CASTLES, Justice.

This is an appeal from an order of the District Court of the Third Judicial District in Powell County which order granted defendants' motion for change of venue from Powell to Cascade County.

Appellants, plaintiffs below, filed their complaint in Powell County on December 9, 1960. Summons was issued the same day. Before service of summons was made, one of the defendants named, W.C. Toy, died. This was December 11, 1960. The summons was never...

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