Legal Opinion

Wiebbold v. Hermann

Montana Supreme Court

Decided January 15, 1877PublishedCited by 3 opinions

Appeal from Second District, Deer Lodge Comity. Khowles, J., overruled the demurrer, and rendered the judgment appealed from.

1Opinion of the CourtWade, C. J.

This was” an action to foreclose a mortgage. The defendants demurred to the complaint upon the ground that it was insufficient and uncertain in this, that the Christian name of the plaintiff did not appear in the complaint, and therefore that it did not comply with the requirements of the Practice Act in stating the names of the parties to the action. The demurrer was overruled, and this action of the court is assigned as error. Our statute requires that the complaint shall state the names of the parties, plaintiff and defendant. The object of this requirement is to impart certainty to…

2Cases cited6 opinions

  1. Keene v. MeadeSupreme Court of the United States · 1830
  2. Franklin v. TalmadgeNew York Supreme Court · 1809
  3. Grant v. NaylorSupreme Court of the United States · 1808
  4. Garwood v. HastingsCalifornia Supreme Court · 1869
  5. People ex rel. Yates v. FergusonCourt for the Trial of Impeachments and Correction of Errors · 1827

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3Cited by3 opinions

  1. Gill v. MoreSupreme Court of Alabama · 1917
  2. Boyd v. PlatnerMontana Supreme Court · 1884
  3. Wall v. FooteDistrict Court, S.D. Alabama · 1925

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