Teitig v. Boesman Bros.
Montana Supreme Court
Appeal from First Judicial District, Lems and Clarice County. Action brought under section 356, chapter xi. of the Code of Civil Procedure, relating to proceedings supplementary to execution, and authorizing suit to be brought by judgment creditors against a person indebted to judgment debtor. Judgment was rendered for plaintiffs below by Hunt, J., and Buck, J., sitting concurrently. Statement of the facts prepared by the judge delivering the opinion.
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Appeal from First Judicial District, Lems and Clarice County. Action brought under section 356, chapter xi. of the Code of Civil Procedure, relating to proceedings supplementary to execution, and authorizing suit to be brought by judgment creditors against a person indebted to judgment debtor. Judgment was rendered for plaintiffs below by Hunt, J., and Buck, J., sitting concurrently. Statement of the facts prepared by the judge delivering the opinion. It appears that in October, 1888, a corporation was organized under the laws of Montana, in the name of Boesman Bros. & Co., for the purpose,…
1Opinion of the CourtHarwood, J.
The first assignment of error by appellant’s counsel is based upon the allowance of said amendment of the complaint, as set forth in the above statement. Appellants *429insist that having pleaded said instrument, alleging that said company had “duly made, executed, and delivered” the same to defendant, and annexed a copy thereof to the answer, “the genuineness and due execution of such instrument” was admitted by reason of plaintiffs’ failure to deny the same by affidavit, as provided in section 98 of the Code of Civil Procedure, which reads as follows: “ When the defense to an action is founded…
2Cases cited9 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Bank of Leavenworth v. HuntSupreme Court of the United States · 1871
- Smith v. CraftSupreme Court of the United States · 1887
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
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3Cited by7 opinions
- Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
- Daily v. MarshallMontana Supreme Court · 1913
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Foster v. McAlesterCourt of Appeals for the Eighth Circuit · 1902
- Whitehouse v. WhitehouseSupreme Judicial Court of Maine · 1930
2 more not listed; retrieve them via the Exa API.