Powers v. Ames
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP HENNEPIN COUNTY, Points and authorities of Respondent. I. — The facts alleged arc sufficient to constitute a cause of action for damages. II. — The facts alleged are sufficient-to constitute a cause of action to abate the nuisance. III. — The District Court only has jurisdiction of the cause of action to abate the nuisance, and of the amount of damages claimed.
1Opinion of the Court
By the Court
Emmett, C. J.
There would seem, by our system of practice, to be but six objections to a complaint, or to a *179cause of action mentioned therein, of which the Defendant can take advantage by demurrer. These objections are specifically enumerated, and must appear upon the face of the pleading, else the objection must be taken by answer. And it is further specially provided, that unless the grounds upon which any of these objections may be taken be distinctly specified, the demurrer may be disregarded and treated as a nullity.
The Defendant in this case alleged one of these general…
2Cited by12 opinions
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Reynolds v. La Crosse & Minnesota Packet Co.Supreme Court of Minnesota · 1865
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1895
- Dodge v. McMahanSupreme Court of Minnesota · 1895
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