(DOWNLOAD) "Milburn E. Hayes v. Earnie Jenkins" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: Milburn E. Hayes v. Earnie Jenkins
- Author : Supreme Court of North Dakota
- Release Date : January 07, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff, now respondent, brought suit for damages to his automobile alleged to have been suffered in a rear-end collision. On May 3, 1955, defendant filed his pleading denominated "Motion to Name Party in Interest," wherein he alleged that "the cause of action is that some insurance company on a subrogation claim wherein such insurance company has paid to plaintiff the amount of insurance under a policy on the automobile of plaintiff involved in such collision and that plaintiffs interest in such lawsuit is either $50.00 or $100.00 of the amount sued for." The prayer was that the court hear evidence on "these issues" and require the action to be instituted by the real party in interest. From the state of the record we cannot say whether this motion was overruled, but appellant says it was. At any rate, after various other proceedings the defendant did, on the 30th day of April, 1958, file his amended answer wherein he alleged, among other things, that "plaintiff has been fully paid and is not the real party in interest in this action and therefore has no right to maintain this action." On motion of plaintiff this portion of the answer was stricken.