Legal Opinion

Topping v. Clay

Supreme Court of Minnesota

Decided June 29, 1896No. Nos. 10,017-(179)PublishedCited by 1 opinion

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., overruling a demurrer to the amended complaint.

1Opinion of the CourtCollins, J.

It would seem that there should be no great difficulty in properly preparing a complaint in an action brought on a promissory note; but to the original complaint herein defendant’s' counsel successfully demurred, on the ground that it failed to state facts sufficient to constitute a cause of action, 62 Minn. 3, 63 N. W. 1038; and, when plaintiff subsequently amended the defective pleading, counsel again demurred, on the same ground. While we are of the opinion that the demurrer was not well taken, it is proper to say that the method of setting forth so simple a cause of action adopt*347ed by…

2Cases cited4 opinions

  1. Peets v. BrattNew York Supreme Court · 1849
  2. State v. TorinusSupreme Court of Minnesota · 1875
  3. Wochoska v. WochoskaWisconsin Supreme Court · 1878
  4. Topping v. ClaySupreme Court of Minnesota · 1895

3Cited by1 opinion

  1. Marvick v. KnightSouth Dakota Supreme Court · 1927

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