Barge v. Van Der Horck
Supreme Court of Minnesota
Appeal by plaintiff, Jacob Barge, from an order of tbe District Court of Hennepin County, Seagrave Smith, J., made January 6, 1894, sustaining tbe demurrer of John Van Der Horck, defendant, to bis complaint. The facts are stated in tbe opinion and in Mueller v. Barge, 54 Minn. 814.
1Opinion of the CourtMitchell, J.
This action is tbe sequel of that of Mueller v. Barge, 54 Minn. 314, (56 N. W. 36,) having been brought to compel defendant to contribute bis pro rata share of tbe money which, under our decision in that case, plaintiff, Barge, was compelled to pay to tbe estate of Mueller. This appeal is from an order sustaining a demurrer to the complaint on tbe ground that it does not state a cause of action. The facts stated in tbe complaint are substantially those stated in tbe opinion in Mueller v. Barge, and may be epitomized in xbeir chronological order as follows: Westphal, as principal, and Barge…
2Cases cited1 opinion
- Mueller v. BargeSupreme Court of Minnesota · 1893