Gillette v. Bullard
Supreme Court of the United States
Error to the Supreme Court of the Territory of Montana. Bullard, assignee of Marden, sued Gillette upon an appeal bond. The action was commenced on the 80th of January, 1872. The complaint alleged that on the 15th June, 1868, Marden recovered a judgment in the District Court of the Territory against Plaisted & Wheelock, which yet l’emained in full force, unreversed and unsatisfied except as thereinafterstated; that on the 16th day of July, 1868, Plaisted & Wheeloek appealed…
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Error to the Supreme Court of the Territory of Montana. Bullard, assignee of Marden, sued Gillette upon an appeal bond. The action was commenced on the 80th of January, 1872. The complaint alleged that on the 15th June, 1868, Marden recovered a judgment in the District Court of the Territory against Plaisted & Wheelock, which yet l’emained in full force, unreversed and unsatisfied except as thereinafterstated; that on the 16th day of July, 1868, Plaisted & Wheeloek appealed from that judgment to the Supreme Court of the Territory, and that on such appeal Gillette executed a bond, whereby he…
1Opinion of the Court
' The CHIEF JUSTICE
delivered the opinion of the court.
The seventy-eighth section of the Practice Act of Montana — which pi’ovides that “ in the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties” — is a modification of the common-law rule which construes all pleadings most strongly against the pleader, but even with the statute as our guide, we think the judgment below was correct. An answer to be good must overcome the case made by the complaint. If the facts well pleaded…
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