70-28-214. Default judgment prohibited -- proof and inquiry required. No judgment in any such action shall be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings, and the court must further make diligent inquiry of the plaintiff and all defendants appearing concerning the next of kin of said deceased entryman, and upon such examination should any heir be discovered who has not been served or who has not appeared, the court may order such heir brought in if necessary for the determination herein provided for.
History: En. Sec. 10, Ch. 15, L. 1915; re-en. Sec. 9510, R.C.M. 1921; re-en. Sec. 9510, R.C.M. 1935; R.C.M. 1947, 93-6234.
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title
70-28-202. General procedural provisions applicable
70-28-203. Remedies cumulative
70-28-204. Executor, administrator, or guardian as party
70-28-206. Affidavit to accompany complaint
70-28-207. Summons -- issuance and form
70-28-208. Publication and posting of summons
70-28-209. Personal service of summons -- service by mail
70-28-210. Jurisdiction acquired by service -- complete
70-28-212. Time for appearance by defendant -- answer
70-28-213. Recording of notice by plaintiff and defendant
70-28-214. Default judgment prohibited -- proof and inquiry required
70-28-215. Judgment -- nature and effect -- recording
70-28-216. Subsequent action -- notice to original parties required