Collier v. Ervin
Montana Supreme Court
Appeal from First District, Jefferson Gounty. This cause was tried in the court below by Blare, J. Complaint and amendment should have been stricken from the files for want of proper verification.- Defendant’s demurrer for insufficient description of parties by name in complaint and summons should have been sustained. Wiebbold v. Hermann, 1 Mon. 609. Other causes of demurrer were well taken. There was a variance between allegation of complaint and the exhibit.
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Appeal from First District, Jefferson Gounty. This cause was tried in the court below by Blare, J. Complaint and amendment should have been stricken from the files for want of proper verification.- Defendant’s demurrer for insufficient description of parties by name in complaint and summons should have been sustained. Wiebbold v. Hermann, 1 Mon. 609. Other causes of demurrer were well taken. There was a variance between allegation of complaint and the exhibit. There was no averment of partnership, or that either were authorized to sign their joint names. The instrument sued on was a contract…
1Opinion of the CourtKNOwles, J.
I will consider the points presented by appellants in their brief in the order of presentation.
If there was any validity in the motion of appellants to strike out the complaint and amendment thereto, for want of a proper verification, the same was waived by demurring and answering to said complaint and amendment.
The court properly overruled the demurrer of Ervin and Page; but if there had been any error in such ruling the defendants waived such error by answering to the merits of the ‘complaint. For the same reason Metcalf waived any error that may have occurred in overruling his demurrer. He…
2Cases cited2 opinions
- Gale & Elliott v. Tuolumne Water Co.California Supreme Court · 1859
- Abbott v. StriblenSupreme Court of Iowa · 1858
3Cited by10 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Osmers v. FureyMontana Supreme Court · 1905
- First National Bank v. ParkerWashington Supreme Court · 1902
- State Ex Rel. Bingham v. District CourtMontana Supreme Court · 1927
- Barber v. BriscoeMontana Supreme Court · 1888
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