Clyde v. Johnson
North Dakota Supreme Court
Appeal from District Court, McIntosh County; Lauder, J. Action by Bessie T. Clyde against C. D. Johnson to recover the surplus arising from the forclosure of a mortgage. From an order sustaining a demurrer to the complaint, plaintiff appeals. For the purposes of demurrer the complaint must be liberally construed, every reasonable intendment is in its favor.. The demurrer cannot take the place of a motion to make more definite and certain. Comp.
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Appeal from District Court, McIntosh County; Lauder, J. Action by Bessie T. Clyde against C. D. Johnson to recover the surplus arising from the forclosure of a mortgage. From an order sustaining a demurrer to the complaint, plaintiff appeals. For the purposes of demurrer the complaint must be liberally construed, every reasonable intendment is in its favor.. The demurrer cannot take the place of a motion to make more definite and certain. Comp. Laws, 4924, 4925, Morse v. Gillman, 16 Wis. 533; Flanders v. McVickers, 7 Wis. 377; Roe v. Lincoln, 56 Wis. 66; Redma?i v. I?is. Co., 51 Wis. 298;…
1Opinion of the CourtWallin, J.
In this action the summons was served without the complaint. Defendant appeared by his attorneys, who caused notice of appearance to be served upon plaintiff’s attorney, and demanded in such notice that a copy of the complaint be served upon them at Fargo, N. D. Pursuant thereto, plaintiff’s attorney served a copy of the complaint upon-defendant’s attorneys by mail, and duly registered the letter containing such copy of the *94complaint, and took the usual receipt given at the post office for registered mail matter. In due course plaintiff’s attorney-received through the post office the usual…
2Cases cited9 opinions
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Price v. DoyleSupreme Court of Minnesota · 1885
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- Rhode Island Hospital Trust Co. v. KeeneyNorth Dakota Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gurney v. Rapid CitySouth Dakota Supreme Court · 1951
- In Re Ashbrook's EstateNorth Dakota Supreme Court · 1961
- Griffin v. Board of County CommissionersSouth Dakota Supreme Court · 1905
- More v. Western Grain Co.North Dakota Supreme Court · 1915
- Helena Adjustment Co. v. PredivichMontana Supreme Court · 1934
4 more not listed; retrieve them via the Exa API.