Mann v. Redmon
North Dakota Supreme Court
Judgment of dismissal of action granted on motion by the District Court of Cass County, Polloclc, J. Plaintiff bas an absolute legal right to contest the allegations of defendant’s answer, either as upon direct denial, or avoidance, as the case may be. N. D. Bev.
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Judgment of dismissal of action granted on motion by the District Court of Cass County, Polloclc, J. Plaintiff bas an absolute legal right to contest the allegations of defendant’s answer, either as upon direct denial, or avoidance, as the case may be. N. D. Bev. Codes, 1905, § 6878 ; Stenson v. Elfmann, 26 S. D. 131, 128 N. W. 588; Gull Biver- Lumber Co. v. Keefe, 8 Dak. 160, 11 N. W. 713; Scott v. Northwestern Port Huron Co. 17 N. D. 91, 115 N. W. 192; Meyer v. School Dist. 1 S. D. 120, 57 N. W. 68; Lyon v. Plankinton Bank, 15 S. D. 100, 89 N. W. 1017; Viele v. Germania Ins. Co. 26 Iowa, 9,…
1Opinion of the CourtGoss, J.
This is the second appearance of this case. See Mann v. Redmon, 23 N. D. 508, 137 N. W. 478. This appeal is from a judgment of dismissal entered on a motion by defendant for judgment upon the pleadings and files. We need review but the complaint of the plaintiff, including an attached verified claim, by the terms of the complaint made a part thereof, and the date of service.
Erom the complaint it appears that the action is brought against the administrator of an estate to recover damages, that it was necessary to file such claim with the administrator for alloAvance in the usual course of…
2Cases cited2 opinions
- Farwell v. RichardsonNorth Dakota Supreme Court · 1900
- Mann v. RedmonNorth Dakota Supreme Court · 1912
3Cited by7 opinions
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- Donnally v. Montgomery County Welfare BoardCourt of Appeals of Maryland · 2001
- Goldberg v. Howard County Welfare BoardCourt of Appeals of Maryland · 1971
- Delfelder v. Farmers' State Bank of RivertonWyoming Supreme Court · 1928
- Reith v. County of MountrailNorth Dakota Supreme Court · 1960
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