Legal Opinion

Berg v. Stanhope

Supreme Court of Minnesota

Decided April 24, 1890PublishedCited by 3 opinions

Appeal by defendant Isaac Patterson from an order of the district court for Isanti county, Hicks, J., presiding,, overruling his separate demurrer to the complaint.

1Opinion of the Court

Gilfillan, C. J.1

Appeal from an order overruling a demurrer to the complaint. One ground of demurrer was that several causes of *177action are improperly united. The complaint contains three counts, all alike so far as obnoxious to the above ground of demurrer. Each alleges a request by defendant Stanhope to do certain work, and a promise by him to pay for it, and a separate promise by defendant Patterson to pay for the same work. No joint employment or promise is alleged. In other words, a separate cause of action against each defendant, but no joint cause of action against both, is alleged-

The…

2Cases cited1 opinion

  1. Ayer v. StewartSupreme Court of Minnesota · 1869

3Cited by3 opinions

  1. Jones v. BalsleySupreme Court of Oklahoma · 1910
  2. Spencer v. Candelaria Waterworks & Milling Co.U.S. Circuit Court for the District of Nevada · 1902
  3. Hanna v. DuxburySupreme Court of Minnesota · 1904

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