Singers-Bigger v. Young
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. The plaintiff in error sued the defendant for damages claimed to have resulted from his infidelity while acting as agent for her.
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In Error to the Circuit Court of the United States for the District of Colorado. The plaintiff in error sued the defendant for damages claimed to have resulted from his infidelity while acting as agent for her. She charged that she. being the owner of one-half of the capital stock of the Colorado Amusement Company, appointed the defendant as her agent to look after her interests in that corporation, and that he soon thereafter became a director thereof; that a part of the assets of the corporation consisted of two leasehold terms in theaters loca ted in Denver, Colo., which, although about to…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). Some criticism is made of the practice of rehearing a demurrer to a complaint on a motion for judgment after the answer is filed, but, as counsel for both sides joined in this method of disposing of the case without objection and treated the complaint, bill of particulars, and affirmative allegations of the answer as true, we shall do so likewise. A bill of particulars is not a pleading, and cannot help out one which is otherwise demurrable. When a pleading sets forth facts constituting the essential elements of a cause of action so that it is not obnoxious…
2Cases cited7 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- West v. CamdenSupreme Court of the United States · 1890
- Rinker v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Fish Bros. Wagon Co. v. Fish Bros. Mfg. Co.Court of Appeals for the Eighth Circuit · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Timme v. KopmeierWisconsin Supreme Court · 1916
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- United States v. A. Bentley & Sons Co.District Court, S.D. Ohio · 1923
- Haldeman v. HaldemanCourt of Appeals of Kentucky (pre-1976) · 1917
- Scripps v. SweeneyMichigan Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.