Fisher v. Briscoe
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Judgment on tlie pleadings was rendered for the plaintiff by Hunt, J. Statement of facts, prepared by the judge who delivered the opinion. This is an appeal from an order granting a motion for judgment on the pleadings, and from the consequent judgment. The complaint is on two promissory notes, each for five thousand dollars, and dated November 1, 1887, made by defendant, payable to plaintiff.
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Appeal from First Judicial District, Lewis and Clarice County. Judgment on tlie pleadings was rendered for the plaintiff by Hunt, J. Statement of facts, prepared by the judge who delivered the opinion. This is an appeal from an order granting a motion for judgment on the pleadings, and from the consequent judgment. The complaint is on two promissory notes, each for five thousand dollars, and dated November 1, 1887, made by defendant, payable to plaintiff. The amended answer of defendant admits the making and delivery of the notes, and further alleges that each of said notes bears the…
1Opinion of the CourtDe Witt, J.
The appellant urges that the motion for *132judgment on the pleadings was error, for the reason that the court had theretofore taken a contrary view of the law in denying the motion to strike out the new matter in the first amended answer, which former view should constitute the law of the case on the motion for judgment on the pleadings. This argument is sufficiently answered in that different facts were presented in the second amended answer than in the first. In the first a written agreement to first exhaust the collateral was pleaded. In the second it was not. In the second amended answer, it…
2Cases cited3 opinions
- Barber v. ReynoldsCalifornia Supreme Court · 1867
- Newell v. MeyendorffMontana Supreme Court · 1890
- Creighton v. VanderlipMontana Supreme Court · 1871
3Cited by10 opinions
- Armington v. StelleMontana Supreme Court · 1902
- York v. StewardMontana Supreme Court · 1898
- Adams v. HatfieldCourt of Appeals of Georgia · 1916
- Gaffney Mercantile Co. v. HopkinsMontana Supreme Court · 1898
- Swan v. Le ClairMontana Supreme Court · 1926
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