Ebner v. Heid
District Court, D. Alaska
Plaintiffs commenced a suit against the defendant herein, alleging themselves in their complaint to be the owners of, in possession, and entitled to possession, of a certain mining right or interest in certain- lode mining claims, situate in the Harris mining district, District of Alaska, and that John G. Heid, defendant, claimed, or pretended to claim, an interest in such right; that said claim was adverse to the plaintiffs, and was false, fraudulent, and groundless,…
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Plaintiffs commenced a suit against the defendant herein, alleging themselves in their complaint to be the owners of, in possession, and entitled to possession, of a certain mining right or interest in certain- lode mining claims, situate in the Harris mining district, District of Alaska, and that John G. Heid, defendant, claimed, or pretended to claim, an interest in such right; that said claim was adverse to the plaintiffs, and was false, fraudulent, and groundless, creating a cloud upon the plaintiffs’ title; that defendant is without any right and has no right whatsoever therein, and is…
1Opinion of the Court
GUNNISON, District Judge.
If the further reply against which this motion is directed is sham, frivolous, and irrelevant, it may, under the second paragraph of section 70, Alaska Code of Civil Procedure, be stricken. The further reply seems to be sufficient as to form. . It therefore becomes essential to inquire as to its contents. If it presents no defense which under the law can be interposed to the allegations, it is within the prohibition of the law, and must be stricken. 20 Ency. P. & P. 27.
In determining this question, we must consider the two other reasons assigned in the motion. It is…
2Cases cited6 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- The City of Guthrie v. the New Vienna BankSupreme Court of Oklahoma · 1896
- Leinenweber v. BrownOregon Supreme Court · 1893
- McRae v. DavinerOregon Supreme Court · 1879
- Mathews v. EddyOregon Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895