Gerber v. Stuart
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. On June 25, 1869, Gerber commenced this action against Saunders and Stuart, upon a promissory noie. Stuart filed a separate answer on July 12,1869. On motion of the plaintiff, the court, Warren, J., struck out parts of this answer. On July 16,1869, Stuart filed his amended answer. On motion of the plaintiff, the court ordered parts of the same to be struck out. On July 19, 1869, Stuart filed his second amended answer.
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Appeal from the Third District, Lewis and Clarice County. On June 25, 1869, Gerber commenced this action against Saunders and Stuart, upon a promissory noie. Stuart filed a separate answer on July 12,1869. On motion of the plaintiff, the court, Warren, J., struck out parts of this answer. On July 16,1869, Stuart filed his amended answer. On motion of the plaintiff, the court ordered parts of the same to be struck out. On July 19, 1869, Stuart filed his second amended answer. The plaintiff then moved to strike this answer from the files, and assigned among other reasons therefor, that the…
1Opinion of the CourtSymes, J.
This was an action on a promissory note by plaintiff, assignee, against the defendants, makers. The cause was tried before the third judicial district court, for Lewis and Clarke county, at the July term, 1869, and judgment rendered on the pleadings after the separate amended answer of James Stuart was' stricken from the files, and appeal taken from the judgment roll.
The question presented is, whether the new matter set up in the answer and amended answer, which was stricken from the files, if proved, would constitute a legal defense.
The complaint declared on the note in the usual form,…
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