Wilsins v. Sherwood
Supreme Court of Minnesota
Appeal by plaintiff, R. L. Wilkins, from an order of the District Court of St. Louis County, Josiah D. Ensign, J., made February M 3 6, 1893, sustaining a demurrer to his complaint.
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Appeal by plaintiff, R. L. Wilkins, from an order of the District Court of St. Louis County, Josiah D. Ensign, J., made February M 3 6, 1893, sustaining a demurrer to his complaint. The complaint stated that the defendant, William C. Sherwood, on June 3, 1891, obtained judgment in the District Court of St. Louis County against Wilkins for $7,684.78 damages for breach of the covenants in a deed he made December 15, 1888, to Carroll M. Mauseau of Lot thirty eight (38) on West First Street in Duluth Proper, First Division. That he, Wilkins, answered in that action- and on the trial of the issues…
1Opinion of the CourtBuck, J.
We think the decision of this court in the action of Haas v. Billings, 42 Minn. 63, (43 N. W. Rep. 797,) controls the questions raised by the demurrer in this case, and the doctrine there' stated should be considered as the settled law in regard to that class of cases. The complaint in this action does not fully set' out the material facts necessary in a complaint in an action brought under 1878 G. S. ch. 66, § 285, but we place our decision upon the rules of law as laid down in Hass v. Billings.
The order of the court below sustaining the defendant’s demurrer to the plaintiff’s complaint is…
2Cases cited1 opinion
- Hass v. BillingsSupreme Court of Minnesota · 1889
3Cited by6 opinions
- In Re Estate of JordanSupreme Court of Minnesota · 1937
- Watkins v. LandonSupreme Court of Minnesota · 1897
- Hayward v. LarrabeeSupreme Court of Minnesota · 1908
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Bisseberg v. ReeSupreme Court of Minnesota · 1906
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