S. C. Herbst Importing Co. v. Hogan
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Gownty. Action to recover for goods sold. Judgment by default was rendered for the plaintiff below by McHatton, J., and defendant’s motions to vacate the default and dissolve the attachment denied. Statement of the case by the justice delivering the opinion. Plaintiff alleges that it was a corporation by the name of the S. C. Herbst Importing Company.
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Appeal from Second Judicial District, Silver Bow Gownty. Action to recover for goods sold. Judgment by default was rendered for the plaintiff below by McHatton, J., and defendant’s motions to vacate the default and dissolve the attachment denied. Statement of the case by the justice delivering the opinion. Plaintiff alleges that it was a corporation by the name of the S. C. Herbst Importing Company. The complaint then proceeded as follows: “For a first cause of action against defendant, plaintiff says defendant is indebted to — in the sum of two hundred and eighty-two and 9-100 dollars for…
1Opinion of the CourtHunt, J.
We find no error in the exercise of the discretionary power of the court in refusing to set aside the default of the defendant, but are constrained to reverse the case upon other grounds.
The first count of plaintiff’s complaint is fatally defective, and upon a general demurrer should have been so held. The plaintiff nowhere pleads any indebtedness by the defendant to plaintiff, or to any one else. This omission may have been a clerical error, but it is none the less material. Nor does plaintiff aver that the goods and merchandise sold and delivered to defendant were sold or delivered by…
2Cases cited6 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- American Button Hole & O. S. S. M. Co. v. MooreSupreme Court Of The Territory Of Dakota · 1880
- Langstaff v. MilesMontana Supreme Court · 1885
- Josephi v. Mady Clothing Co.Montana Supreme Court · 1893
- Magee v. FogertyMontana Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Bowen v. WebbMontana Supreme Court · 1906
- Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
- State v. Silver Bow Refining Co.Montana Supreme Court · 1926
- Scilley v. BabcockMontana Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.