Munger v. Nelson
Montana Supreme Court
'Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by Fred R. Munger against Andrew J. Nelson. 'Judgment for defendant and plaintiff appeals. The motion to set aside plaintiff’s default for failure to file ■ a reply should have been granted because the proper remedy when the plaintiff fails to reply is a motion for judgment on the pleadings.
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'Appeal from District Court, Fergus County; Roy E. Ayers, Judge. Action by Fred R. Munger against Andrew J. Nelson. 'Judgment for defendant and plaintiff appeals. The motion to set aside plaintiff’s default for failure to file ■ a reply should have been granted because the proper remedy when the plaintiff fails to reply is a motion for judgment on the pleadings. (31 Cye. 607; Benicia Agricultural Works v. Creighton, 21 Or. 495, 28 Pae. 775, 30 Pae. 676; Dunham v. Travis, 25 Utah, 65, 69 Pac. 468; 11 E'ncy. PL & Pr. 1035; 6 Id. 76.) The motion for judgment on the pleadings should have been…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
This is an appeal by the plaintiff from a judgment made and entered in favor of the defendant. The complaint was apparently filed on the eleventh day of July, 1917, and it is alleged therein: “That during the year 1914 plaintiff advanced to the defendant, at the special instance and request of the defendant, certain moneys for the purchase of a relinquishment and for the placing of improvements upon the lands, which are now the property of the defendant, in the sum of $2,000. That the said sum of money was to be repaid to the…
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