Commercial Bank v. Slater
Supreme Court of Minnesota
Tbis action was brought in the district court for Ramsey county upon the same claim involved in the next preceding case between the same parties, the facts alleged in the complaint in this action being the same that are stated in the opinion in that case. A demurrer to the complaint was sustained by Willcin, J., and the plaintiff appealed.
1Opinion of the CourtBerry, J.
The complaint in this action presents substantially the same state of facts presented in the other case *175between the same parties, decided at this term {ante p. 172,) -except that in this case, the plaintiff, instead of applying to the probate court for the allowance of its claim, has brought this suit against the administrator, alleging that there were never any assets of Heylin’s estate in Pennsylvania, out of which its judgment could be collected, but that said estate in Minnesota, now in the hands or under the control of the •defendant, is solvent and sufficient to pay all the debts of…
2Cited by3 opinions
- Hill v. TownleySupreme Court of Minnesota · 1891
- Huebner v. SessemanNebraska Supreme Court · 1893
- Hartman v. FishbeckU.S. Circuit Court for the District of Eastern Wisconsin · 1883