Raymond v. Thexton

Decided January 15, 1888

Montana Supreme Court · decided 1888-01-15

STATEMENT. The pleadings were as follows: — amended complaint. Comes now Winthrop Raymond, the plaintiff above named, and files herein this his amended complaint, and for cause of action against defendants, George Thexton, Sen., and Thomas Deyarmon (hereby dismissing as to George Thexton, as executor, named as co-defendant in the original complaint), alleges: — 1.

Decided 1888-01-15

Galbraith, J.

¶1The action of this court in sustaining the motion to strike out certain portions of the transcript in this case leaves nothing to be inquired into except the judgment roll. To anything contained in this there is no objection. The only questions, therefore, before us for consideration are, whether or not the court erred in overruling the demurrer to the amended complaint, and whether or not the pleadings support the judgment. Upon examination, we find both in the affirmative. The appellants have filed no brief, nor presented any arguments. The demurrer -was properly overruled, and the pleadings sustain the judgment.

¶2The judgment is affirmed, with costs.

¶3Judgment affirmed.

McLeary, J., and Bach, J., concur.