Heebner v. Shepard
North Dakota Supreme Court
Appeal from District Court, Dickey County; Lauder, J. Action by William D. Heebner, as Heebner & Sons, against Charles C. Shepard, on notes given for the price of a thrashing machine. From a judgment of default for want of a reply to a counterclaim, plaintiff appeals.
1Opinion of the CourtWallin, C. J.
Action on notes given for a thrashing machine. The answer alleges that the machine was sold on a warranty, and that it did not work as warranted, and by reason thereof the defendant was damaged in a large sum, for which judgment was demanded. The plaintiff never at any time served either a demurrer or a reply to the answer, and after the time for serving a reply had expired the defendant moved the court “to dismiss plaintiff’s complaint, and give judgment for his counterclaim.” The motion was made upon the ground that no reply had ever been served to the defendant’s answer, and that the time…
2Cases cited4 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Samuel Cupples Wooden Ware Co. v. JensenSupreme Court Of The Territory Of Dakota · 1886
- Yerkes v. CrumNorth Dakota Supreme Court · 1891
3Cited by3 opinions
- Christofferson v. WeeNorth Dakota Supreme Court · 1913
- Christian & Craft Co. v. ColemanSupreme Court of Alabama · 1899
- Kain v. GarnaasNorth Dakota Supreme Court · 1914