Rule v. Omega Stove & Grate Co.
Supreme Court of Minnesota
Appeal by defendant L. F. Hubbard from an order of the district court for Goodhue county, Williston, J., overruling a demurrer to the complaint. A judgment obtained in another state cannot be the foundation of a creditors’ bill in this. It must be sued over before it becomes a judgment for the purpose of any remedy here. Claflin v. McDermott, 12 Fed. 375; Walser v. Seligman, 13 Fed. 415; McLure v. Benceni, 2 Ired.
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Appeal by defendant L. F. Hubbard from an order of the district court for Goodhue county, Williston, J., overruling a demurrer to the complaint. A judgment obtained in another state cannot be the foundation of a creditors’ bill in this. It must be sued over before it becomes a judgment for the purpose of any remedy here. Claflin v. McDermott, 12 Fed. 375; Walser v. Seligman, 13 Fed. 415; McLure v. Benceni, 2 Ired. Eq. 513; Tarbell v. Griggs, 3 Paige, 207; Davis v. Bruns, 23 Hun, 648; Steere v. Hoagland, 39 111. 264; Famed v. Harris, 19 Miss. 366; Berryman v. Sullivan, 21 Miss. 65; Bullitt M.…
1Opinion of the CourtStabt, C. J.
The complaint herein attempts to state two causes of action. The first one is to reach and apply upon the debt of the defendant corporation to the plaintiff certain unpaid subscriptions by the individual defendants to the capital stock of the corporation. The second one is to enforce against the stockholders a further liability created by the laws of the state of Ohio to an amount equal to the stock owned by each of them. The defendant Hubbard demurred to the entire complaint, and from an order overruling his demurrer he appealed. If the complaint states any cause of action, the order must be…
2Cases cited4 opinions
- First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- Overmire v. HaworthSupreme Court of Minnesota · 1892
- Merchants' National Bank v. Bailey Manufacturing Co.Supreme Court of Minnesota · 1885
3Cited by8 opinions
- Randall Printing Co. v. Sanitas Mineral Water Co.Supreme Court of Minnesota · 1913
- Williams v. KemperSupreme Court of Minnesota · 1906
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
- Minneapolis Paper Co. v. Swinburne Printing Co.Supreme Court of Minnesota · 1896
- Firehammer v. Interstate Securities Co.Supreme Court of Minnesota · 1927
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