Boyle v. Adams
Supreme Court of Minnesota
Appeal by plaintiff, Dennis Boyle, from a judgment of the District Court of Hennepin County, Hooker, J., entered July 25, 1891, in favor of defendant Noah Adams, upon his demurrer to the complaint. A case cannot be dismissed upon the motion of the court where the plaintiff fails to appear. The record does not show that the defendant’s attorney asked for a dismissal of the action, and it could only be done upon his request.
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Appeal by plaintiff, Dennis Boyle, from a judgment of the District Court of Hennepin County, Hooker, J., entered July 25, 1891, in favor of defendant Noah Adams, upon his demurrer to the complaint. A case cannot be dismissed upon the motion of the court where the plaintiff fails to appear. The record does not show that the defendant’s attorney asked for a dismissal of the action, and it could only be done upon his request. If the motion to dismiss had been made, the order should have been an order of dismissal, not an order sustaining the demurrer. An order sustaining the demurrer is a…
1Opinion of the CourtMitchell, J.
In this ease an order was made sustaining the demurrer to the complaint, notwithstanding that the piaintiff failed to appear on the trial or hearing. Unless there is some distinction in this respect between an'issue of fact and one of law which does not now occur to us, the correctness of this practice may well be doubted. Kent or v. Glaspie, 44 Minn. 448, (47 N. W. Rep. 52.)
But, as the plaintiff does not make this point, we shall treat the order as being, what he claims it to be, a determination of the issue of law upon the merits.
The allegations of the complaint are that the state auditor,…
2Cases cited2 opinions
- Keator v. GlaspieSupreme Court of Minnesota · 1890
- Severson v. Milwaukee Mechanics' Mut. Ins.South Dakota Supreme Court · 1892
3Cited by5 opinions
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- Seitz v. MichelSupreme Court of Minnesota · 1921
- Conway v. Garden City Paving & Post Co.Illinois Supreme Court · 1901
- Borden v. EllisSuperior Court of Pennsylvania · 1945
- Fisher v. Hampton Transportation Co.Michigan Supreme Court · 1904