King v. Waite
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A, J, Plowman, Judge. Action upon a foreign judgment. The court struck out the answer as sham and gave plaintiff judgment. Defendant appeals. The facts are stated in the opinion. The court cannot lawfully hear evidence upon a motion to strike out as sham a verified answer containing a general or specific denial of the material allegations of the complaint.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A, J, Plowman, Judge. Action upon a foreign judgment. The court struck out the answer as sham and gave plaintiff judgment. Defendant appeals. The facts are stated in the opinion. The court cannot lawfully hear evidence upon a motion to strike out as sham a verified answer containing a general or specific denial of the material allegations of the complaint. Fay v. Gobb, 51 Cal. 313; Greenbaum v. Turrill, 57 Id. 285; Fellows v. Muller, 38 N Y. Super. Ct. 139; Thompson v. Railroad, 45 N. Y. 468; Wayland v. Tysen, Id. 282; Green v. Hughitt Twp., 5…
1Opinion of the CourtCorson, P. J.
This was an action upon a judgment alleged to have been recovered in the supreme court of the state of New York. Upon notice and an affidavit of plaintiff’s attorney, the answer was stricken out as sham, and judgment entered for,the plaintiff. From the order striking out the answer and the judgment so entered, the defendant has appealed, '
*3The respondent moved this court to dismiss the appeal mainly upon the grounds oí delay in filing the record in this court, and in serving the abstract and brief, and because the appellant has not included in his record a motion made by the appellant in the…
2Cases cited17 opinions
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- The People v. . McCumberNew York Court of Appeals · 1858
- Lybecker v. MurrayCalifornia Supreme Court · 1881
- Chapman v. QuinnCalifornia Supreme Court · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kline v. HarrisNorth Dakota Supreme Court · 1915