70-28-216. Subsequent action -- notice to original parties required. Whenever judgment in an action hereby authorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this part shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in 70-28-209, either within or without this state, more than 1 month before the time to plead expired.
History: En. Sec. 13, Ch. 15, L. 1915; re-en. Sec. 9513, R.C.M. 1921; re-en. Sec. 9513, R.C.M. 1935; R.C.M. 1947, 93-6237.
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