165 P. 292 | Mont. | 1917
delivered the opinion of the court.
This action was commenced in a justice of the peace court of Lewis and Clark county by filing a copy of an account as follows:
“Shelby, Mont., June 28, 1915.
John C. Clarke and Toston State Bank to Mrs. Ida J. Wilcox, Dr.
1914.
April 27. To money deposited with you on my acct.... $200 00
To interest............................. 2 65
Total......................$202 65”
Service of summons was made in Lewis and Clark county upon Clarke personally and as cashier of the bank. The defendants appeared specially and moved for a dismissal upon the ground that the court had no jurisdiction of the person of either defendant. The motion was supported by affidavits to the effect. that the defendants are residents of Broadwater county; that the contract upon which plaintiff sues was made and was to be performed in Broadwater county, and that service of summons
Section 1480 of the Code of Civil Procedure of 1895 (Rev. Codes, see. 6986) regulated the place of trial of actions in justice of the peace courts from 1895 to 1899. The place of trial of an action which accrued in the township of defendant’s residence was in the place of his residence. (Subd. 9.) Section 1480 was amended in 1899. A slight amendment was made to
It was not necessary for defendants to appear specially and challenge the jurisdiction of the inferior court. They were authorized to present whatever defenses they had, and upon trial
The judgment of the district court is affirmed.
'Affirmed.