Minter v. Minter
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by John Minter against R. R. Minter to establish, settle and dissolve a partnership. The parties are brothers. It is stated in the complaint and admitted by the answer that their uncle devised to them, as tenants in common, about 200 acres of land in Jackson County and certain personal property.
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From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by John Minter against R. R. Minter to establish, settle and dissolve a partnership. The parties are brothers. It is stated in the complaint and admitted by the answer that their uncle devised to them, as tenants in common, about 200 acres of land in Jackson County and certain personal property. As amended by consent at the hearing the plaintiff avers: “That thereafter, and on the twentieth day of February, 1897, plaintiff conveyed to defendant his undivided one-half interest in and to said…
1Opinion of the CourtJustice Burnett
1, 2. It is contended here that the allegations of the complaint are not sufficient to show a partnership. A general demurrer seems to have been filed against the complaint, but without the same having been argued to the court the defendant answered, so that the case *373now stands and is to be determined as upon tbe sufficiency of a pleading after verdict. It is said in Bates v. Babcock, 95 Cal. 479, 482 (30 Pac. 605, 29 Am. St. Rep. 133, 136, 16 L. R. A. 745, 748):
“Objections to a complaint which should be pointed out by special demurrer, such as uncertainty or ambiguity, are insufficient,…
2Cases cited16 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- Duryea v. BurtCalifornia Supreme Court · 1865
- Sigourney v. MunnSupreme Court of Connecticut · 1828
- Tenney v. SimpsonSupreme Court of Kansas · 1887
- Arnold v. WainwrightSupreme Court of Minnesota · 1861
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3Cited by17 opinions
- Sullivan v. CarpenterOregon Supreme Court · 1948
- School Dist. No. 106 v. New Amsterdam Casualty Co.Oregon Supreme Court · 1930
- Duby v. HicksOregon Supreme Court · 1922
- Gray v. Hammond Lumber Co.Oregon Supreme Court · 1924
- Murphy v. HartyOregon Supreme Court · 1964
12 more not listed; retrieve them via the Exa API.