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eBook details

• Title: Mitchell v. Garfield County
• Author : Supreme Court of Montana
• Release Date : January 19, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

1. Judgment ? Collateral attack. The contention that the District Court was without jurisdiction to appoint a trustee in prior action was a collateral attack upon a final order or judgment. 2. Parties ? Legal capacity to sue. Where want of legal capacity to sue did not appear in the complaint, the defendants were required to point out specifically the particular defects relied upon. - Page 116 3. Parties ? Waiver of challenge of capacity to sue. Where the capacity of plaintiff to sue was not challenged either by special demurrer or by answer and there was only denial of trustees appointment on information and belief the defendants must be deemed to have waived any want of capacity to sue. 4. Appeal and error. Want of capacity to sue could not be raised for the first time on appeal. 5. Taxation ? Tax deeds ? Affidavits jurisdictional. Statutory affidavits filed with the county treasurer on issuance of tax deeds are jurisdictional and where the affidavits did not comply with the statute the tax deeds were void.

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