STATE v. DISTRICT COURT OF FIRST JUDICIAL DIST.

No. 10945.

401 P.2d 568 (1965)

The STATE of Montana ex rel. Elbert SOWERWINE, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and Victor H. Fall, a Judge thereof, Respondents.

Supreme Court of Montana.

Decided April 30, 1965.


Attorney(s) appearing for the Case

A.G. Shone (argued), Butte, for appellant.

C.W. Leaphart (argued), Helena, for respondent.


JUSTICE JAMES T. HARRISON, Chief Justice.

This is an original proceeding. On February 11, 1965, this court handed down its opinion in Sowerwine v. Sowerwine, 145 Mont. 81, 399 P.2d 233, which directed that a default and decree of divorce which had been entered in the district court be set aside and that Elbert Sowerwine be permitted to appear to answer and further plead, and provided that costs were to be borne by Elbert Sowerwine...

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