171 P. 273 | Mont. | 1918
delivered the opinion of the court.
Supervisory control to review an order of the district court of Ravalli county, refusing to set aside a decree of divorce entered by default. We state the facts substantially as conceded by respondents in their brief, to-wit: John W. Topley filed in said court his complaint for divorce against the relatrix, Mary J. Topley; he claimed residence in Montana, she being in New York; the complaint was weak and defective; the issuance of the alias summons was at least irregular; service or purported service was by publication and not personal; in due time the default of the relatrix was entered, and the decree rendered with
Just why on such a state of facts — ignoring the detailed-
For this reason the proceeding is dismissed at relatrix’s cost.
Dismissed.