Pfeifer v. Hatton
North Dakota Supreme Court
Appeal from District Court, Sargefit County; Allen, J. Action by Frank J. Pfeifer against T. T. Hatton. Judgment for plaintiff, and defendant appeals. A pleading will not be stricken out as frivolous, if its character is doubtful.
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Appeal from District Court, Sargefit County; Allen, J. Action by Frank J. Pfeifer against T. T. Hatton. Judgment for plaintiff, and defendant appeals. A pleading will not be stricken out as frivolous, if its character is doubtful. Catholicon Hot Springs v. Ferguson, 67 N. W. 615; Stebbins v. Lardner, 48 N. W. 847; Sigmund v. Bank of Minot, 4 N. D. 164, 59 N. W. 966; Bank of Commerce v. Humphrey, 61 N. W. 444; Sifton v. Sifton, 65 N. W. 67; Northwestern Cordage Co. v. Galbraith, 70 N. W. 1048; Minn. Thresher Mfg. Co. v. Schaack, 74 N. W. 445. ■ . Defense of mitigation of damages must be…
1Opinion of the CourtFisk, J.
But one question is presented on this appeal, which is the correctness of an order made by the trial court striking out on motion a portion of the answer.
The action is in claim and delivery; the complaint being in the usual form. The defendant, who is -a constable, seeks to justify his taking and detention of the property under an execution issued to him upon a judgment rendered in an action wherein one Tisdel was plaintiff and one Ben Pfeifer was defendant. The portion of the answer which was ordered stricken out, and the striking out of which constitutes the only basis for appellant’s…
2Cases cited1 opinion
- Matheson v. F. W. Johnson Co.South Dakota Supreme Court · 1902
3Cited by3 opinions
- Morton v. StensbyNorth Dakota Supreme Court · 1930
- First National Bank v. OliverNorth Dakota Supreme Court · 1927
- Morton v. StensbyNorth Dakota Supreme Court · 1930