Thomas Manufacturing Co. v. Erlandson
North Dakota Supreme Court
Appeal from the District Court of Adams County, Crawford, J. Defendants had the right to demur, under the leave of the court granted them to serve answer; answer means to plead over. They were entitled to notice of the motion to strike their demurrer. Rev. Codes 1905, §§ 7330, 7335, Comp. Laws 1913, §§ 7950, 7955. Defendant’s demurrer should have been sustained, and therefore it was not frivolous.
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Appeal from the District Court of Adams County, Crawford, J. Defendants had the right to demur, under the leave of the court granted them to serve answer; answer means to plead over. They were entitled to notice of the motion to strike their demurrer. Rev. Codes 1905, §§ 7330, 7335, Comp. Laws 1913, §§ 7950, 7955. Defendant’s demurrer should have been sustained, and therefore it was not frivolous. Friesenhahn v. Merrill, 52 Minn. 55, 53 N. W. 1024. A demurrer should not be stricken out where there is room for debate as to the sufficiency of the pleading to which demurrer is directed, or where…
1Opinion of the CourtBurke, J.
On the 5th day of August, 1913, the defendant Erlandson was personally served with the summons and complaint in this action. The complaint reads as follows:
The plaintiff complains and alleges:
I. Eor a first cause of action that the plaintiff is a corporation duly *148organized and existing under and by virtue of the laws of the state of Ohio.
II. That the defendants, O. A. Erlandson and A. Erlandson, are co-partners, doing business under the fictitious firm name and style of the Erlandson Lumber Company, with their main office in the village of Hettinger, Adams county, North Dakota.
III. That on or…
2Cases cited12 opinions
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- Grantier v. RosecranceWisconsin Supreme Court · 1871
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- District Township v. WhiteSupreme Court of Iowa · 1876
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