Sands v. Maclay
Montana Supreme Court
Appeal from Third District, Lewis and Ola/rke Oomity. The complaint of Sands alleged that Maclay. et al. were common carriers and received goods at Corinne, which were to be carried to Helena and delivered to' Sands; that the goods were lost through the negligence of Maclay et al., and demanded damages.
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Appeal from Third District, Lewis and Ola/rke Oomity. The complaint of Sands alleged that Maclay. et al. were common carriers and received goods at Corinne, which were to be carried to Helena and delivered to' Sands; that the goods were lost through the negligence of Maclay et al., and demanded damages. The answer was as follows: “ The defendants, * * * upon their information and belief, deny that in or about the goods in said complaint mentioned, or any thereof, these defendants were common carriers, or jointly or otherwise interested in carrying the same. And upon their said information and…
1Opinion of the CourtKNowles, J.
The most important question presented in this action is the right, of. a defendant to deny the allegations of the complaint upon information and belief.
The Practice Act of this Territory, approved December 23, 1867, -in section 46, provided that the answer of the defendant should contain: “First, if the complaint be verified, a specific denial to each allegation to the complaint controverted by the defendant, or a denial thereof, according to his information and belief.” Under this provision of the statute, undoubtedly, the defendant could deny upon information and belief. This section of the…
2Cases cited4 opinions
- Edwards v. LentNew York Supreme Court · 1852
- Blake v. EldredNew York Supreme Court · 1858
- Thorn & Maynard v. New-York Central MillsNew York Supreme Court · 1854
- Therasson v. McSpedonNew York Court of Common Pleas · 1858
3Cited by4 opinions
- State ex rel. Milsted v. Butte City Water Co.Montana Supreme Court · 1896
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
- Porter v. Industrial Printing Co.Montana Supreme Court · 1901
- Horton v. RobertSupreme Court of Puerto Rico · 1906