Samuel Cupples Wooden Ware Co. v. Jensen
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Lawrence county. Church, J. The court has no powTer to strike out as sham an answer consisting of a general denial of material allegations of the complaint. Way land v. Tysen, 45 N. Y. 281; Thompson v. Erie Railway Co., 45 N. Y. 472; Farmers Nat. Bank v. Leland, 5 N. Y. 673; Grocers Bank v. O’Rourke, 6 Hun. 20; Claflin v. Jaroslanski, 64 Barb. 463; Schultz v. Rodenwald, 1 Abb.
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Appeal from the district court of Lawrence county. Church, J. The court has no powTer to strike out as sham an answer consisting of a general denial of material allegations of the complaint. Way land v. Tysen, 45 N. Y. 281; Thompson v. Erie Railway Co., 45 N. Y. 472; Farmers Nat. Bank v. Leland, 5 N. Y. 673; Grocers Bank v. O’Rourke, 6 Hun. 20; Claflin v. Jaroslanski, 64 Barb. 463; Schultz v. Rodenwald, 1 Abb. N. C. 365; Fay v. Cobb, 51 Cal. 315; Brown v. Lewis, 10 Ind. 232; Bogges v. Davis, 34 Ind. 82; Mooney v. Musser, 34 Ind. 373. The order is appealable. Fuller et al. v. Claflin, 3 Otto,…
1Opinion of the CourtPalmer, J.
The plaintiffs bring this action in the district court to recover of defendants the sum of $308.49, which they allege is due for merchandise sold and delivered. The complaint is in the usual form. The amended answer admitted the copartnership of the defendants as set forth in the complaint, and a general denial of each and every other allegation of the complaint. Thereupon the plaintiff filed its motion to strike out the amended answer as sham; and in support of the motion the attorney for plaintiff filed his affidavit, which he claimed tended to show the falsity of defendants’ answer. Upon…
2Cases cited2 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Fay v. CobbCalifornia Supreme Court · 1876
3Cited by7 opinions
- Green v. Hughitt School Twp.South Dakota Supreme Court · 1894
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1899
- Heebner v. ShepardNorth Dakota Supreme Court · 1895
- Loranger v. Big Missouri Mining Co.South Dakota Supreme Court · 1895
- King v. WaiteSouth Dakota Supreme Court · 1897
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