Legal Opinion

Berglund v. State Farmers' Mutual Hail Insurance

North Dakota Supreme Court

Decided July 14, 1913Published

From an order of tbe District Court for Ward County, Leighton, J., defendant appeals. Tbe function of a motion for judgment on tbe pleadings is substantially tbe same as that of a demurrer. 23 Cyc. 169; Botto v. Vandament, 61 Cal. 332, 7 Pac. 753; Finley v. Tucson, 7 Ariz. 108, 60 Pac. 872. Judgment on tbe pleadings cannot be given where defendant pleads a substantial and issuable defense. 23 Cyc. 769; Parker v. Des Moines Life Asso. 108 Iowa, 117, 78 N. W. 826; Lewis v.…

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From an order of tbe District Court for Ward County, Leighton, J., defendant appeals. Tbe function of a motion for judgment on tbe pleadings is substantially tbe same as that of a demurrer. 23 Cyc. 169; Botto v. Vandament, 61 Cal. 332, 7 Pac. 753; Finley v. Tucson, 7 Ariz. 108, 60 Pac. 872. Judgment on tbe pleadings cannot be given where defendant pleads a substantial and issuable defense. 23 Cyc. 769; Parker v. Des Moines Life Asso. 108 Iowa, 117, 78 N. W. 826; Lewis v. Foard, 112 N. C. 402, 17 S. E. 9; Alspaugh v. Reid, 6 Idaho, 223, 55 Pac. 300; Prost v. More, 40 Cal. 347. Party must be…

1Opinion of the CourtGoss, J.

This is an appeal from a judgment entered upon plaintiff’s motion for judgment on the pleadings, on the ground that -the answer failed to state or shadow forth a defense. The complaint recites that defendant insurance company issued to plaintiff a hail insurance policy, indemnifying him in the sum of $2,340, against loss by hail to the crop on certain land. That in July, 1910, a loss by hail occurred, by which damage to said crops in the sum of $1,500 was suffered by plaintiff. Three weeks later, defendant made an adjustment of said loss *20at $1,500, and. by said adjustment the defendant agreed…

2Cases cited11 opinions

  1. Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
  2. Storey v. MurphyNorth Dakota Supreme Court · 1899
  3. Thompson v. Travelers InsuranceNorth Dakota Supreme Court · 1904
  4. Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
  5. Thompson v. Travelers' InsuranceNorth Dakota Supreme Court · 1902

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