Stone v. Quaal
Supreme Court of Minnesota
Plaintiffs, as mortgagees of a crop of growing wheat, brought this ■action in a justice’s court in Lac qui Parle county, alleging that on October 1, 1883, Nelson, the mortgagor, made default in payment of •the mortgage debt, ($38.82,) whereupon, by the terms of the mortgage, plaintiffs became the owners and entitled to the immediate possession of the mortgaged wheat, and that on or about November 1, 1883, the defendant unlawfully took from plaintiffs’ possession, and…
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Plaintiffs, as mortgagees of a crop of growing wheat, brought this ■action in a justice’s court in Lac qui Parle county, alleging that on October 1, 1883, Nelson, the mortgagor, made default in payment of •the mortgage debt, ($38.82,) whereupon, by the terms of the mortgage, plaintiffs became the owners and entitled to the immediate possession of the mortgaged wheat, and that on or about November 1, 1883, the defendant unlawfully took from plaintiffs’ possession, and .converted to his own use, 60 bushels of such wheat, of the value of $48, to plaintiffs’ damage in the sum of $38.82, for which…
1Opinion of the CourtGilfillan, C. J.
The court below erred in holding the denial- in the answer to be a negative pregnant, and therefore an admission of the allegations in the complaint. The statute provides that the answer shall- contain “a denial of each allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.” Under this, what is termed the “general denial” has from the beginning been practised and been sanctioned by this court. As usually expressed, this denial is of “each and every allegation” of the whole, or of some clearly-indicated portion, of the…
2Cited by9 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Boaz v. FerrellCourt of Appeals of Texas · 1912
- D. M. Osborne & Co. v. Cargill Elevator Co.Supreme Court of Minnesota · 1895
- Conway v. United StatesCourt of Appeals for the Eighth Circuit · 1899
- International Lumber Co. v. Bradley Timber & Railway Supply Co.Supreme Court of Minnesota · 1916
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