Whitcomb v. Hardy
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Hennepin ■county, Belden, J., overruling a demurrer to certain subdivisions of the answer. The objection that a prior adjudication pleaded as an estoppel was between other parties is not well taken when it appears that the person making the objection was a party to the former suit, though in connection with other persons who were also parties thereto.
Read the full summary
Appeal by plaintiff from an order of tbe district court for Hennepin ■county, Belden, J., overruling a demurrer to certain subdivisions of the answer. The objection that a prior adjudication pleaded as an estoppel was between other parties is not well taken when it appears that the person making the objection was a party to the former suit, though in connection with other persons who were also parties thereto. Larum v. Wilmer, 35 Iowa, 244; French v. Neal, 24 Pick. 55; Brizendine v. Frankfort, 2 B. Mon. 32; Hawkins v. Lambert, 18 B. .Mon. 99; Lawrence v. Hunt, 10 Wend. 80; Dows v. McMichael,…
1Opinion of the CourtStart, C. J.
This is an appeal by the plaintiff from an order overruling his demurrer to the subdivisions of the answer hereinafter set forth. The complaint alleges, with other facts, that he and his sister, the defendant Jennie A. W. Hardy, were the owners, as tenants-in common, of certain real estate described therein; that on and prior to January 29, 1891, the plaintiff was an habitual drunkard, and by reason thereof of unsound mind, and totally incapable of caring for his property or himself; that the defendant Griffin then and for a long time had been his attorney in fact, had complete control of his…
2Cases cited4 opinions
- Lawrence v. HuntNew York Supreme Court · 1833
- Port v. RobbinsSupreme Court of Iowa · 1872
- Harmon v. BrownIndiana Supreme Court · 1877
- Clark v. LoveringSupreme Court of Minnesota · 1887
3Cited by10 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Gustafson v. GustafsonSupreme Court of Minnesota · 1929
- St. Louis-S. F. Ry. Co. v. StuckwishSupreme Court of Oklahoma · 1929
- ButrickMassachusetts Supreme Judicial Court · 1904
- Wilson v. EricksonSupreme Court of Minnesota · 1922
5 more not listed; retrieve them via the Exa API.