Kline v. Harris
North Dakota Supreme Court
Appeal from District Court, Pierce County, A. G. Burr, Judge. Pi’om an order striking out an answer as sbam, and from a judgment entered based on said order, defendants appeal. An answer verified by attorney in the usual form, consisting merely of a general denial, cannot be stricken out as sham.
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Appeal from District Court, Pierce County, A. G. Burr, Judge. Pi’om an order striking out an answer as sbam, and from a judgment entered based on said order, defendants appeal. An answer verified by attorney in the usual form, consisting merely of a general denial, cannot be stricken out as sham. Samuel Guppies Wooden Ware Co. v. Jensen, 4 Dak. 149, 27 N. W. 206, 28 N. W. 193; Gjerstadengen v. Hartzell, 8 N. D. 424, 79 N. W. 872; Sifton v. Sifton, 5 N. D. 187, 65 N. W. 670. The right to deny, on knowledge or information in pleading, is not an absolute right. Where facts are within the…
1Opinion of the Court
Kneeshaw, District Judge.
This action was brought to recover on a bond given to release an attachment issued in a former action and levied on property of defendants Hattie and A. C. Harris, and on which bond defendants Ebbert and Mantz were sureties. The action in which the bond was given resulted in a judgment against Hattie and A. C. Harris, and which judgment, it is alleged, was assigned to the plaintiffs in this action.
To the complaint the defendants answered by a general denial duly verified by attorney.
The plaintiffs’ attorney gave notice of a motion to strike out the answer as frivolous…
2Cases cited6 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Samuel Cupples Wooden Ware Co. v. JensenSupreme Court Of The Territory Of Dakota · 1886
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1899
- St. Paul F. & M. Ins. v. HansonSupreme Court Of The Territory Of Dakota · 1886
- Fay v. CobbCalifornia Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kline v. HarrisNorth Dakota Supreme Court · 1917