Weber v. Lewis
North Dakota Supreme Court
Appeal from LaMoure County Court; Baker, J. Action by Frank Weber against W. J. Lewis. From an order overruling a demurrer to the complaint, defendant appeals. Essential facts must be stated in unequivocal language, not left to be inferred. I Estee’s PI.
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Appeal from LaMoure County Court; Baker, J. Action by Frank Weber against W. J. Lewis. From an order overruling a demurrer to the complaint, defendant appeals. Essential facts must be stated in unequivocal language, not left to be inferred. I Estee’s PI. (4th Ed.) 166; Moore v. Besse, 30 Cal. 570; Hicks v. Murray, 43 Cal. 532; Elwood v. Gardner, 45 N. Y. 349; First National Bank v. Laughlin, 4 N. D. 391, 61 N. W. 473; Jasper v- Hazen, 2 N. D. 401, 51 N. W. 583; I Estee’s PL (4th Ed.) 218; Green v. Palmer, 15 Cal. 412; Northern Railway Co. v. Jordan, 87 Cal. 322; Cordier v. Schloss, 12 Cal.…
1DissentSpalding, J.
I cannot concur in the result arrived at in the foregoing opinion. That there are two lines of authorities on the subject is beyond question, and this is the first case, as far as I can judge, requiring this court to pass on the question here involved. Assuming, which I do not concede, that the majority opinion is in harmony with the decisions of the greater number of courts, I feel that, when a question arises for the first time in this state which relates solely to matters of procedure, we should not hesitate to adopt the clearer and better rule, even though it may not he supported by…
2Cases cited11 opinions
- Allen v. . PattersonNew York Court of Appeals · 1852
- Moore v. . HobbsSupreme Court of North Carolina · 1878
- California State Telegraph Co. v. PattersonNevada Supreme Court · 1865
- Weber v. LewisNorth Dakota Supreme Court · 1910
- Bowen v. EmmersonOregon Supreme Court · 1869
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