Maclay v. Sands
94 U.S. 586

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U.S. Supreme Court

Maclay v. Sands, 94 U.S. 586 (1876)

Maclay v. Sands

94 U.S. 586

Syllabus

Under the Civil Practice Act of Montana, judgment cannot be entered against a defendant, as upon default for want of issues to be tried, where there is on file in the cause an answer specifically denying, upon information and belief only, all the allegations in the complaint, if it appears that the facts in controversy were not within the personal knowledge of the defendant and that the information upon which he based his belief came from his agents employed to transact the business out of which the litigation arose.

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