McCormick v. Hubbell
Montana Supreme Court
Appeal from First District, Custer County. .1. The motion of plaintiff to strike out sections 1, 2, 3f 7 and 8 of the appellant’s answer, on the ground that the same was irrelevant and immaterial, should have been, overruled. The order of the court below sustaining that motion is erroneous for the reason that the parts stricken out contain allegations which, if proved on the trial, would have been sufficient to defeat a recovery by the' plaintiff in this action.
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Appeal from First District, Custer County. .1. The motion of plaintiff to strike out sections 1, 2, 3f 7 and 8 of the appellant’s answer, on the ground that the same was irrelevant and immaterial, should have been, overruled. The order of the court below sustaining that motion is erroneous for the reason that the parts stricken out contain allegations which, if proved on the trial, would have been sufficient to defeat a recovery by the' plaintiff in this action. It is-provided that “upon an appeal from a judgment the court may review ... . any intermediate order or decision excepted to, which…
1Opinion of the CourtWade, C. J.
This is an action upon an undertaking on appeal. It appears from the transcript that on the 28th day of September, 1878, judgment was rendered by the probate court of Custer county in favor of Thomas H. Burton against Elizabeth Young for the sum of $369 and costs of suit, and on the 28th day of October, 1878, Young appealed to the district court of Custer county.
On this appeal the defendants Kelly and Hubbell entered into an undertaking whereby they undertook and promised to pay any judgment that might be rendered against the defendant Young in the district court. On the 27th day of May,…
2Cases cited2 opinions
- Vantilburg v. BlackMontana Supreme Court · 1880
- Knight v. WatersSupreme Court of Iowa · 1865
3Cited by7 opinions
- Grindrod v. Anglo-American Bond Co.Montana Supreme Court · 1906
- Hjermstad v. BarkulooMontana Supreme Court · 1954
- Church v. SwetlandCourt of Appeals for the Second Circuit · 1917
- Dunne v. YundMontana Supreme Court · 1916
- The Shepard Land Company v. BaniganSupreme Court of Rhode Island · 1913
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