Barber v. Briscoe
Montana Supreme Court
Appeal from the District Court, Lewis amd Clarke County. STATEMENT. The plaintiff had filed an amended complaint by leave of court, and thereupon the defendant was ordered to file his answer within two days. He obeyed the order, but excepted to the same. A motion for a continuance made by the defendant was also overruled by the District Court. The defendant offered no evidence upon the trial, and judgment was rendered against him.
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Appeal from the District Court, Lewis amd Clarke County. STATEMENT. The plaintiff had filed an amended complaint by leave of court, and thereupon the defendant was ordered to file his answer within two days. He obeyed the order, but excepted to the same. A motion for a continuance made by the defendant was also overruled by the District Court. The defendant offered no evidence upon the trial, and judgment was rendered against him. The appeal of the defendant was based upon alleged errors of the court in requiring him to answer without any service of the amended complaint upon him and before…
1Opinion of the CourtLiddell, J.
This is a suit against the defendant for one thousand seven hundred and fifty dollars, the amount of his promissory note in favor of the plaintiff, given to represent the purchase price of the interests of S. J. Barber, A. T. Higgins, and Robert Kircheval in the “Blue Jacket Mine,” in Washington County, Idaho; the note was to have been paid at the First National Bank of St. Paul, Minnesota. On the 2d of December last, the plaintiff having with leave of the court filed an amended complaint, the judge made an order directing the defendant to answer on the 5th of the same month; whereupon the…
2Cases cited16 opinions
- Nash v. HarrisCalifornia Supreme Court · 1881
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- Power v. GumMontana Supreme Court · 1886
- Railroad Co. v. VarnellSupreme Court of the United States · 1879
- Pieper v. Centinela Land Co.California Supreme Court · 1880
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3Cited by13 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Anne Arundel County v. MoushabekCourt of Appeals of Maryland · 1973
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Missoula Electric Light Co. v. MorganMontana Supreme Court · 1893
- State v. MasonMontana Supreme Court · 1900
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