LIVINGSTON v. TREASURE COUNTY

No. 89-121.

781 P.2d 1129 (1989)

Violet LIVINGSTON, Plaintiff and Appellant, v. TREASURE COUNTY, a political subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided November 6, 1989.


Attorney(s) appearing for the Case

John J. Cavan, Cavan, Smith, Grubbs & Cavan, Billings, for plaintiff and appellant.

Calvin J. Stacey, Keefer, Roybal, Hanson, Stacey & Walen, Billings, Lee Kerr, Treasure County Atty., Hysham, for defendant and respondent.


HUNT, Justice.

Plaintiff Violet Livingston appeals from a judgment of the District Court of the Thirteenth Judicial District, Yellowstone County, dismissing her complaint against defendant Treasure County. We reverse and remand.

The sole issue raised on appeal is whether the District Court erred in dismissing the complaint because the return of service was not filed with the clerk of court within three years after the commencement of the action.

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