Disbrow v. Creamery Package Manufacturing Co.
Supreme Court of Minnesota
After the decision of the former appeal, 104 Minn. 17, 115 N. W. 751, sustaining a demurrer to the complaint, plaintiff served an amended complaint against the Creamery Package Manufacturing Company, the Owatonna Manufacturing Company, the Disbrow Manufacturing Company, Darius W. Payne and Levi A. Disbrow.
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After the decision of the former appeal, 104 Minn. 17, 115 N. W. 751, sustaining a demurrer to the complaint, plaintiff served an amended complaint against the Creamery Package Manufacturing Company, the Owatonna Manufacturing Company, the Disbrow Manufacturing Company, Darius W. Payne and Levi A. Disbrow. The first two named companies demurred separately on the grounds of misjoinder of causes of action and that the complaint did not state facts constituting a cause of action. The other defendants did' not appear. The district court for Steele county, Buckham, L, sustained the demurrers.…
1Opinion of the CourtO’Brien, J.
This action was commenced in June, 1907. An order sustaining a,demurrer because of defect of parties defendant was affirmed in Disbrow v. Creamery Package Mnfg. Co., 104 Minn. 17, 115 N. W. 751. The complaint was then amended so as to include the omitted necessary defendants. Thereupon the original defendants, the Creamery Package Manufacturing Company and the Owatonna Manufacturing Company, interposed separate demurrers upon the ground that two or more causes of action were improperly united and that the complaint did not state facts sufficient to constitute a cause of action. The demurrers…
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