Kemp v. McCormick
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. Kemp commenced this action in October, 1871, and described himself in the complaint as “Alex. Kemp,” and the defendants as “Jno. McCormick” and “Wm. H. Taylor.” The cause of action was the following instrument: “$650. Helena, M. T., Mar. 1st, 1871. “ On the first day of June next we promise to pay Alex.
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Appeal from the Third District, Lewis and Clarice County. Kemp commenced this action in October, 1871, and described himself in the complaint as “Alex. Kemp,” and the defendants as “Jno. McCormick” and “Wm. H. Taylor.” The cause of action was the following instrument: “$650. Helena, M. T., Mar. 1st, 1871. “ On the first day of June next we promise to pay Alex. Kemp or order the sum of six hundred and fifty dollars, for value received, with interest after due at the rate of two per cent per month till paid. “ JNO. McCORMICK, [Stamp.] “WM.H. TAYLOR.” Kemp was described in the summons as “Alex.…
1Opinion of the CourtMurphy, J.
This is an action on a promissory note executed by McCormick and one Taylor, and payable to Kemp.
A demurrer was filed to the original complaint, which was confessed, and an amended complaint filed, to which defendant McCormick filed a separate answer, setting up the misnomer of the plaintiff and defendant, and also a set-off or counter-claim.
Plaintiff filed a motion to strike this answer from the files and for judgment on the complaint as by default, on the ground of being frivolous, sham, irrelevant and presenting no defense.
This motion was sustained, and judgment in favor of *423plaintiff…
2Cited by6 opinions
- Clinton v. MillerMontana Supreme Court · 1951
- Mining Securities Co. v. WallMontana Supreme Court · 1935
- McDonald v. StateSupreme Court of Florida · 1908
- State Bank & Trust Co. v. W. O. Horn & Bro., Inc.Court of Appeals of Texas · 1927
- Wagner v. Chemical Bank & Trust Co.City of New York Municipal Court · 1934
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