J. W. Bass & Co. v. Upton
Supreme Court of Minnesota
WRIT OP ERROR TO THE DISTRICT COURT OP RAMSEY COUNTY. Tlie Opinion in this canse contains a sufficient history to enable us to understand the’issues presented by the pleadings. The following are the points and authorities relied upon by tlie Plaintiffs in Error: The Court below erred in sustaining the demurrer to a portion of Defendants’ answer; such demurrer should have been overruled, because,— First. It was interposed to only a part of an entire defence.
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WRIT OP ERROR TO THE DISTRICT COURT OP RAMSEY COUNTY. Tlie Opinion in this canse contains a sufficient history to enable us to understand the’issues presented by the pleadings. The following are the points and authorities relied upon by tlie Plaintiffs in Error: The Court below erred in sustaining the demurrer to a portion of Defendants’ answer; such demurrer should have been overruled, because,— First. It was interposed to only a part of an entire defence. The defence interposed is, that the Defendants had alien upon the property: and it is but one defence. The items of charges upon which…
1Opinion of the Court
By the Court
Sherburne, J.'
This is an action in the nature of replevin and is brought into this Court upon a demurrer to the answer. In order to understand the grounds of the decision, it becomes necessary to look at the form, as well as the substance, of that portion of the answer, following a general denial, which is in the following language:
“The Defendants further answering allege, that they are warehousemen, doing business as such in the City of St. Paul, and were so doing business during and throughout the year 1855, and that while the Defendants were doing business as aforesaid, one J.…
2Cited by2 opinions
- Anderson v. Scandia BankSupreme Court of Minnesota · 1893
- State v. KiddSupreme Court of Alabama · 1899