Tripp

In the District Court of the United States for the District of Minnesota, a judgment (hereafter called the Minnesota judgment) was obtained by appellee, Chester D. Tripp, a citizen of Illinois, against appellant, North Butte Mining Company, a Minnesota corporation, for $14,525 with interest and costs. Thereafter an action on the Minnesota judgment was brought by appellee against appellant in the District Court of the United States for the District of Montana (hereafter called the Montana court). A summons was issued by the Montana court and was placed in the hands of the marshal for service. The marshal made return thereof as follows: "“I hereby certify and return, that on the 27th day of March, 1941, I received the within summons and executed the same in the following manner: I served the North Butte Mining Company, a corporation, by exhibiting the original summons to Paul Gow, president of said corporation and an authorized person to accept process for said corporation, and by also delivering and leaving with him a true and correct copy of the summons, with a copy of the complaint attached thereto, at Butte, Montana, on the 27th day of March, 1941.”

Appellant, appearing…