Quirk v. Clark
Montana Supreme Court
Appeal from District Court, Yellowstone County. BRIEF OF ANDREW F. BURLEIGH. Matters of substance which are necessary to be alleged in a complaint cannot be left out and the defects supplied by reference to an exhibit attached to and made part of the complaint. 2 Estee’s Pleading, 3d ed., sec. 3140; Johnson v. Home Ins. Co., 6 Pac.
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Appeal from District Court, Yellowstone County. BRIEF OF ANDREW F. BURLEIGH. Matters of substance which are necessary to be alleged in a complaint cannot be left out and the defects supplied by reference to an exhibit attached to and made part of the complaint. 2 Estee’s Pleading, 3d ed., sec. 3140; Johnson v. Home Ins. Co., 6 Pac. Rep. 729 (Los Angeles v. Signoret, 50 Cal. 298, can be distinguished); Laramie v. Wells, 20 Ohio St. 13; Watkins v. Brunt, 53 Ind. 208; Cairo and Fulton R. R. Co. v. Parks, 32 Ark. 131; Bowling v. McFarland, 38 Mo. 463. The objection that a complaint does not state…
1Opinion of the Court
The opinion states the case.
Galbraith, J.
This is an appeal from the judgment roll. The appellants claim that the complaint does not support the judgment; and this is the only question for our consideration.
*233The action ia based upon a written contract, made by one McCarthy with the appellants, the interest in which, after the performance by him of his part of said contract, was assigned to the respondent. The action was brought to recover a balance due on said contract to the respondent, by virtue of said, assignment. The appellants did not demur to the complaint, but answered on the merits.'…
2Cases cited9 opinions
- Hallock v. JaudinCalifornia Supreme Court · 1867
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Murdock v. BrooksCalifornia Supreme Court · 1869
- Lincoln v. Iron Co.Supreme Court of the United States · 1881
- Mayor of Los Angeles v. SignoretCalifornia Supreme Court · 1875
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3Cited by5 opinions
- Murphy v. PhelpsMontana Supreme Court · 1892
- Horn v. HoltMontana Supreme Court · 1904
- Toljan v. FloydMontana Supreme Court · 1958
- National Life Insurance v. BakerMontana Supreme Court · 1933
- Wyman v. JensenMontana Supreme Court · 1902