Legal Opinion
Dennis v. Village of Tonka Bay
District Court, D. Minnesota
Decided January 21, 1946No. Civ. 1391PublishedCited by 3 opinions
1Opinion of the Court
NORDBYE, District Judge.
This proceeding was before the Circuit Court of Appeals in Dennis v. Village of Tonka Bay, 8 Cir., 151 F.2d 411, 412, wherein it was held that error was committed by the trial court in dismissing the complaint. The court held that “there is no justification for dismissing a complaint for insufficiency of statement unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of the claim.” And that, “The plaintiffs stated a claim upon which relief could be granted * * It directed this Court…
2Cases cited16 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Gundling v. ChicagoSupreme Court of the United States · 1900
- Zahn v. Board of Public WorksSupreme Court of the United States · 1927
- Dennis v. Village of Tonka BayCourt of Appeals for the Eighth Circuit · 1945
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3Cited by3 opinions
- New York Ex Rel. Ray v. MartinSupreme Court of the United States · 1946
- State Ex Rel. Howard v. Village of RosevilleSupreme Court of Minnesota · 1955
- Dennis v. Village of Tonka BayCourt of Appeals for the Eighth Circuit · 1946