Legal Opinion

Buck v. Lewis

Supreme Court of Minnesota

Decided July 15, 1864PublishedCited by 2 opinions

APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellants. The demurrers were improperly overruled by the Court below. I. — Because it is not alleged in the amended complaint that in the action of C. Grant Lewis against the Respondent, the value of the personal property was assessed or adjudicated, or that judgment was recovered for any amount. Comp.

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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellants. The demurrers were improperly overruled by the Court below. I. — Because it is not alleged in the amended complaint that in the action of C. Grant Lewis against the Respondent, the value of the personal property was assessed or adjudicated, or that judgment was recovered for any amount. Comp. Stat. chap. 61, sec. 38,p. 561. There is simply an allegation that the Plaintiff in that suit re-recovered judgment for the value of the personal property, but no allegation that he recovered judgment for any amount.…

1Opinion of the Court

By the Court

Emmett, C. J.

The decision of the Court below, overruling the separate demurrers of the Defendant Lewis, and of the Defendants Thompson, is affirmed by this Court. And as the opinion of the learned judge of the District Court, which comes up with the record, satisfactorily disposes of the questions presented by the several appeals, we do not think it necessary to do more than adopt the same as the opinion of this Court.

The following is the opinion of Judge Palmer, referred to in the above case:

The point that the complaint does not show that the value of *317the property in controversy…

2Cited by2 opinions

  1. Nichols v. StandishSupreme Court of Connecticut · 1880
  2. State v. GrimesSupreme Court of Minnesota · 1892

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