(DOWNLOAD) "Hand v. Hand" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Hand v. Hand
- Author : Supreme Court of Montana
- Release Date : January 18, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
APPEAL AND ERROR ? APPEARANCE ? ATTORNEYS ? ACTION ? DIVORCE ? PROCESS ? CONTEMPT ? INJUNCTION. 1. Appeal and Error. In every appeal, the first question is that of jurisdiction. 2. Appearance ? No waiver of defect of statutory substitution of attorney. Where divorced wifes attorney died and no appointment of his successor was demanded as required by statute, special appearance of attorney to file motion to quash order that wife show cause why divorce decree granting child custody to wife should not be modified to restrain children from being taken from state did not waive the defect that there was no statutory substitution of attorney. 3. Appearance ? Effect of special appearance. A special appearance for the purpose of taking objection to the want or irregularity of service of notice of motion is not a waiver of such defect. 4. Attorney and Client ? When Attorney is of record. To be an attorney of record, the attorneys name must appear somewhere in the permanent records or files of the case or on the appearance docket. 5. Action ? Demand for appointment of successor. When an attorney dies, appointment of his successor must be demanded - Page 572 of his client before further proceedings may be had against the client. 6. Divorce ? Lack of service of order to show cause. Order to show cause why divorce decree granting child custody to wife should not be modified to restrain wife from taking children out of state was not sufficiently served where nothing at all was served on wife and no supporting affidavit accompanied order which was served on wifes mother who had temporary care of children. 7. Injunction. An action seeking injunctive relief is "action in personam." 8. Process ? Constructive service of process. Generally, constructive service is insufficient if the object of the action is to determine the personal rights and obligations of the defendant, and whether or not provided by statute, proper notice to the adverse party and an opportunity to be heard are required. 9. Motions ? Service in person. Generally, a rule or order to show cause should be served in person on party charged. 10. Appearance ? Effect of engagement of attorney. The mere fact that a defendant has engaged an attorney to look after his interests, either generally or in a particular cause, does not amount to a voluntary general appearance, for the attorney may conclude that the clients interests will be best subserved by not appearing, or he may be engaged merely to enter a special appearance and contest the question of jurisdiction. 11. Divorce ? No constructive service here. An order to show cause on a motion to modify custody provisions of a divorce decree cannot be constructively served. 12. Process ? No constructive service at common law. Constructive service was unknown to the common law and strict statutory observance is required to effect such service. 13. Contempt ? Constructive contempt. In order to punish for constructive contempt, it must appear that the order on which contempt proceeding is based was served on the accused or, if he was not present when the order was made, that he had knowledge of it.