C. N. Nelson Lumber Co. v. Richardson
Supreme Court of Minnesota
This action pending in the district court for Clay county, in the 11th district, the plaintiff moved to strike out the answer as sham and false. The motion was made before Collins, J., of the 7th district, at St. Cloud in Stearns county, being nearer the county seat of Clay county than is Duluth, the residence of the judge of the 11th district. The motion was granted, and the defendants appealed.
1Opinion of the CourtGilfillan, C. J.
Action on three promissory notes, alleged by the complaint to have been executed by defendants in their partnership name, and payable to plaintiff, copies of the notes being set out in the complaint. The answer, verified, denies each and every allegation in the complaint, except as specifically admitted, qualified, or explained; and then, as to each of the notes, denies any knowledge or information sufficient to form a belief whether the copy set out in the complaint is a true copy of any note ever given by defendants to plaintiff. Plaintiff moved that the answer be struck out as sham, and…
2Cases cited2 opinions
- O'Ferrall v. ColbySupreme Court of Minnesota · 1858
- State v. HoytSupreme Court of Minnesota · 1868
3Cited by6 opinions
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Stevens v. McMillinSupreme Court of Minnesota · 1887
- Wheaton v. BriggsSupreme Court of Minnesota · 1886
- Wright v. JewellSupreme Court of Minnesota · 1885
- Patrick v. McManusSupreme Court of Colorado · 1890
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