Monette v. Cratt
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OS' WAR ASH AW COUNTY. The following is tbe decision of tbe Court below upon tbe demurrer to the complaint: The complaint in this action shows that tbe Plaintiff Jennie Cratt, and the Defendant, Pauline Monette, are mixed bloods of tbe Dakotali or Sioux nation of Indians, referred to and provided for in the 9th Article of the Treaty made and conclude! at Prairie du Chien, July 15th, 1830, (7 O. 8. Siat. at large, ¶. 328), and in the act of…
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ERROR TO THE DISTRICT COURT OS' WAR ASH AW COUNTY. The following is tbe decision of tbe Court below upon tbe demurrer to the complaint: The complaint in this action shows that tbe Plaintiff Jennie Cratt, and the Defendant, Pauline Monette, are mixed bloods of tbe Dakotali or Sioux nation of Indians, referred to and provided for in the 9th Article of the Treaty made and conclude! at Prairie du Chien, July 15th, 1830, (7 O. 8. Siat. at large, ¶. 328), and in the act of Congress entitled “An act to authorize the President of the United States to cause to be surveyed, tbe tract of land in the…
1Opinion of the Court
By the Cou/rt
Atwater, J.
The first objection urged by the Appellants before this Court, is that this case, as appears from the complaint is res adgudicata. The Appellants demurred to the complaint in the Court below, assigning as the general ground of demurrer, that the complaint did not state facts sufficient to constitute a cause of action. Under this general ground, were several specifications, but not the objection here specifically urged. And it is claimed by Respondents, that the objection not having been made in terms in the court below, cannot here be considered.
The objection here…
2Cases cited2 opinions
- Leech v. RauchSupreme Court of Minnesota · 1859
- State v. BachelderSupreme Court of Minnesota · 1861
3Cited by5 opinions
- State v. Northwestern States Portland Cement Co.Supreme Court of Minnesota · 1960
- State v. LundSupreme Court of Minnesota · 1928
- Casey v. McIntyreSupreme Court of Minnesota · 1891
- Altmann v. GabrielSupreme Court of Minnesota · 1881
- Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894