Billings v. Sanderson
Montana Supreme Court
Appeal from the District Court, Yellowstone County, STATEMENT. The plaintiff, Frederick Billings, brought an action of ejeetment in the District Court of Yellowstone County, against the defendants, Frank and Fred Sanderson, for the possession of certain land.
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Appeal from the District Court, Yellowstone County, STATEMENT. The plaintiff, Frederick Billings, brought an action of ejeetment in the District Court of Yellowstone County, against the defendants, Frank and Fred Sanderson, for the possession of certain land. The complaint was filed July 16, 1885, and summons was served August 1, 1885. On August 10, 1885, a demurrer was filed to the complaint, which was overruled at the November term of said court, on the fourth day of December, 1885, the defendants being ordered to answer within sixty days thereafter. At the September term, 1886, on…
1Opinion of the CourtMcConnell, C. J.
Action of ejectment. Demurrer to the complaint overruled, and answer filed. Demurrer to equitable defense sustained. Judgment for the plaintiff on the pleadings, and an appeal taken to this court. The appellant relies on several grounds of error for the reversal of this case. (1) Error in overruling demurrer to complaint. (2) Error in sustaining demurrer to equitable ground of defense set up in answer. (3) Error for abuse of discretion, in not allowing the denials in the answer to be amended, pending the motion for judgment on the pleadings.
1. The complaint avers that the plaintiff “is seised…
2Cases cited2 opinions
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