Lehfeldt Co. v. Justice
Montana Supreme Court
Appeal from District Court, Phillips County; John Surly, Judge. Action by the Lehfeldt Company against J. R. Justice. Judgment for defendant and plaintiff appeals. "When the court makes an order requiring a pleading of a specified character to be filed, and a pleading is filed which does not conform to the order, such pleading may be stricken from the files. (O’Conner v. Chicago etc. By. Co., 75 Iowa, 617, 34 N. W. 795; Craig v. James, 80 App.
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Appeal from District Court, Phillips County; John Surly, Judge. Action by the Lehfeldt Company against J. R. Justice. Judgment for defendant and plaintiff appeals. "When the court makes an order requiring a pleading of a specified character to be filed, and a pleading is filed which does not conform to the order, such pleading may be stricken from the files. (O’Conner v. Chicago etc. By. Co., 75 Iowa, 617, 34 N. W. 795; Craig v. James, 80 App. Div. 16, 80 N. Y. Supp. 235; Long v. Sunter, 48 S. C. 179, 26 S. E. 228; Fuller v. Claflin, 93 U. S. 14, 23 L. Ed. 785 [see, also, Rose’s U. S.…
1Opinion of the CourtJustice Holloway
This action was brought to recover upon an assigned claim for work and labor performed, materials furnished and money advanced by Henry Robinson at the special instance and request of defendant and for his use and benefit. Defendant moved the court to require plaintiff to separately state and number the three causes of action alleged to be commingled in the complaint. The motion was sustained and plaintiff granted twenty days within which to comply with the order. Thereafter additional time was secured, and on July 3 a second complaint was filed, which, however, did not differ in any material…
2Cases cited4 opinions
- Loghry v. Fillmore CountyNebraska Supreme Court · 1905
- O' Conner v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1887
- Eisenhouer v. SteinSupreme Court of Kansas · 1887
- Miskimmons v. MooreWyoming Supreme Court · 1901
3Cited by1 opinion
- State ex rel. Juckem v. District CourtMontana Supreme Court · 1920