Kenaston v. Lorig
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Houston county, Kingsley, J., sustaining the demurrer of defendants Nicholas Lorig and Katherine Lorig to the complaint. If the complaint shows facts entitling plaintiff to some relief, even though not that prayed for, it is not subject to general demurrer.
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Appeal by plaintiff from an order of the district court for Houston county, Kingsley, J., sustaining the demurrer of defendants Nicholas Lorig and Katherine Lorig to the complaint. If the complaint shows facts entitling plaintiff to some relief, even though not that prayed for, it is not subject to general demurrer. Leuthold v. Young, 32 Minn. 122; Connor v. Board of Education, 10 Minn. 352 (439); Cressey v. Gierman, 7 Minn. 316 (398); Metzner v. Baldwin, 11 Minn. 92 (150); First Div. St. P. & Pac. R. Co. y. Rice, 25 Minn. 278; Montgomery y. McEwen, 7 Minn. 276 (351); Alwortb y. Seymour, 42…
1Opinion of the CourtStart, C. J.
This is an appeal from an order sustaining the general demurrer of the defendants Nicholas and Katherine Lorig to the complaint.
The material allegations of the complaint are to the effect following : The defendants Lorig are and were on December 21,1882, husband and wife, and on that day they executed to Anthony Huyck their promissory note, and thereby, for value received, promised to pay to him or his order f1,200 on December 21, 1883, with interest at the rate of seven per cent, per anum until paid. At the same time they duly executed a mortgage to the payee of the note on the real estate…
2Cases cited10 opinions
- Duncan v. CobbSupreme Court of Minnesota · 1884
- Allen v. AllenSupreme Court of Minnesota · 1892
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
- Alworth v. SeymourSupreme Court of Minnesota · 1890
- Carson v. CochranSupreme Court of Minnesota · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Magoun v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1902
- Disbrow v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1908
- Ewbank v. EwbankSupreme Court of South Carolina · 1902
- Lyles v. LylesSupreme Court of South Carolina · 1905
- Hansen v. Northwestern National Bank of MinneapolisSupreme Court of Minnesota · 1928
4 more not listed; retrieve them via the Exa API.