Hayward v. Grant
Supreme Court of Minnesota
This action was brought in the District Court for Ramsey County. The defendant answered and the plaintiffs made a motion to strike out the answer, and for judgment. The Court granted the motion, and judgment was entered. The defendant appeals. The complaint, answer, and motion appear at length in the dissenting opinion of Chief Justice Wilson.
1Opinion of the CourtMcMillan, J.
By the Court This is an appeal from a judgment. The plaintiffs made a motion to strike out the defendant’s answer in the action, and for judgment, notwithstanding the answer, or to strike out all that part of said an*167swer denying the allegation of partnership in the complaint; also, to strike out the remaining portion of said answer, and for judgment, upon the following grounds: First, that said answer is not verified, and is sham and frivolous. Second, that the first portion of said answer specifically referred to aforesaid, contains only immaterial allegations and denials, and is sham and…
2Cases cited2 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Smith v. MullikenSupreme Court of Minnesota · 1858
3Cited by6 opinions
- Norris v. Boston Music Co.Supreme Court of Minnesota · 1915
- Schaal v. RaceDistrict Court of Appeal of Florida · 1961
- Cabbott v. RadfordSupreme Court of Minnesota · 1871
- Frasier v. WilliamsSupreme Court of Minnesota · 1870
- Schneider v. AndersonSupreme Court of Minnesota · 1899
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