Treadwell v. Clark

Defendants move for leave to amend their answers so as to deny the plaintiff’s alleged residence in this State and to plead the Statute of Limitations of the State of Montana and want of jurisdiction in this court. The plaintiff alleges in his complaint, verified in November, 1899, that he is a resident of the State of New York. Issue was joined in December, 1899, by service of defendants’ answers, in which, by not denying, they admit that plaintiff was a resident of New York. The case was tried in June, 1901, and in May, 1902, the Appellate Division ordered a new trial. In October, 1904, the…