(Download) "Stillwater Co. v. Kenyon Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Stillwater Co. v. Kenyon Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Submitted January 17, 1931. Default Judgments — Extent of Relief Grantable to Plaintiff — Judgment may not Stand on Reply Alone — Quieting Title. Judgments — Limit of Relief Grantable to Plaintiff as Against Defaulting Defendants. 1. Under section 9316, Revised Codes 1921, the relief granted to plaintiff as to defaulting defendants cannot exceed that which is demanded in the complaint. Same — Judgment for Affirmative Relief cannot be Made to Stand Alone on Reply. 2. A judgment for affirmative relief cannot be made to stand alone upon the allegations of a reply, particularly so where the complaining party was not served with a copy of the pleading. Quieting Title — Default of Appealing Defendants — Judgment Exceeding Relief Demanded in Complaint Erroneous. 3. In an action to quiet title commenced on October 25, 1929, the complaint spoke in the present tense, i.e., that plaintiff ""is"" the owner, that the defendants ""claim"" some right or interest in the property, etc., no reference being made as to claim of title in plaintiff as of June 1, 1926. One of defendants answered and plaintiff county replied setting up tax title as of June 1, 1926. Appealing defendants were served by publication and defaulted. The court decreed that plaintiff's title be quieted as of the latter date. Held, under the above rules, that the court erred, and decree modified by substitution of the date first mentioned above.