Hertz v. Hartmann
Supreme Court of Minnesota
Action in the district court for Ramsey county against Maurice B. Hartmann and Amozine V. Hartmann, Edward Sephton and Gust Larson. From a judgment entered against Amozine V. Hartmann for $123.68, pursuant to an order and findings of Willis, J., she appealed.
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Action in the district court for Ramsey county against Maurice B. Hartmann and Amozine V. Hartmann, Edward Sephton and Gust Larson. From a judgment entered against Amozine V. Hartmann for $123.68, pursuant to an order and findings of Willis, J., she appealed. When the allegation of the answer or defense is fairly supported by the affidavits as against like affidavits on behalf of the plaintiff, it cannot ordinarily be said that the falsity of the answer is clear and indisputable. Wright v. Jewell, 33 Minn. 505; Barker v. Foster, 29 Minn. 166; Bliss, Code PI. § 422. See also City Bank v. Doll,…
1Opinion of the CourtCollins, J.
Appeal from a judgment in a mechanic’s lien case in favor of the plaintiffs, subcontractors, and against defendant wife, owner of the property in question. Upon motion of plaintiffs’ counsel, and by written order, the court struck out the answer of defendant wife as sham, and then by another order denied her motion to set aside and vacate the first order, and to permit an amended answer to be interposed; and on this appeal the correctness of each of these rulings is challenged.
The judgment must be affirmed. The complaint was in the usual form, alleging that both defendants (husband and wife)…
2Cases cited1 opinion
- Thul v. OchsenreiterSupreme Court of Minnesota · 1898
3Cited by2 opinions
- Towne v. DunnSupreme Court of Minnesota · 1912
- First National Bank v. LangSupreme Court of Minnesota · 1905