Canty v. Latterner
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court fox Hennepin county, Young, J., presiding, sustaining tbe defendant Latterner’s • general demurrer to the complaint. The action was brought against Latterner, the Minneapolis & St. Louis Ey.
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Appeal by plaintiff from an order of tbe district court fox Hennepin county, Young, J., presiding, sustaining tbe defendant Latterner’s • general demurrer to the complaint. The action was brought against Latterner, the Minneapolis & St. Louis Ey. Co., and the clerk of the district court, and the ease made by the complaint is in substance as follows: One Babcock brought ejectment against Latterner for the S. E. J of the N. E. \ of section 32, town 117, range 23, in Hennepin county, and on November 21, 1881, had judgment in his action. On November 26, 1881, plaintiff was substituted as…
1Opinion of the CourtDickinson, J.
The demurrer rests alone upon the ground that the complaint does not state facts sufficient to constitute a cause of action. It is urged in support of the demurrer that this action cannot be sustained, because it is in its nature equitable, while an adequate remedy of a legal kind is open to the plaintiff. This is no sufficient ground for a demurrer. The action cannot be dismissed, nor is the complaint demurrable, if facts are alleged which constitute a cause of action of either a legal or equitable nature. Upon such facts, admitted, as by demurrer, or proved upon trial, the court, which…
2Cases cited6 opinions
- Wright v. . WrightNew York Court of Appeals · 1873
- White v. LyonsCalifornia Supreme Court · 1871
- Leonard v. RoganWisconsin Supreme Court · 1866
- First Division of the Saint Paul & Pacific Railroad v. RiceSupreme Court of Minnesota · 1878
- Lovell v. WheatonSupreme Court of Minnesota · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Casket Co. v. . WheelerSupreme Court of North Carolina · 1921
- Alworth v. SeymourSupreme Court of Minnesota · 1890
- Speyer v. School District No. 1Supreme Court of Colorado · 1927
22 more not listed; retrieve them via the Exa API.