Truitt Bros. v. Caldwell
Supreme Court of Minnesota
error to the district court 'or RAMSEY county. The following are the points and authorities relied upon by Counsel for Plaintiff in Error: First. — On the decision of a demurrer, the Court will consider the whole record, and give judgment to the party who, on the whole, appears to be entitled to it. See Stephen on Pleading, p. 144/ 2 Hill P., p. 59, United States vs. White et al.; 2 Itill, P., p. 210, Meroeien vs. Smith/ 18 Gorm. P., p. 395, Bishop vs. Quinta/rd.
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error to the district court 'or RAMSEY county. The following are the points and authorities relied upon by Counsel for Plaintiff in Error: First. — On the decision of a demurrer, the Court will consider the whole record, and give judgment to the party who, on the whole, appears to be entitled to it. See Stephen on Pleading, p. 144/ 2 Hill P., p. 59, United States vs. White et al.; 2 Itill, P., p. 210, Meroeien vs. Smith/ 18 Gorm. P., p. 395, Bishop vs. Quinta/rd. Second. — The answer sets up various matters and things which are simply lodges of fraud, and can be pleaded for no other purpose…
1Opinion of the Court
By the Court
— Atwater, J.
— This was an action brought in the District Court of Bamsey County, by the Plaintiffs in Error, to recover the value of certain personal property alleged to have been wrongfully and unlawfully taken by the Defendants. The answer alleges that in April, 1859, William P. Wilstack & Co., recovered a judgment against one Isaac Markley, surviving partner of Simon Kern, late partners as Markley & Kern, for the sum of $2,596 06, upon which execution was duly issued, that the Defendant Caldwell was Sheriff of said Bamsey County, and Brackett, (one of the Defendants) was…
2Cases cited5 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Wakeman v. GroverNew York Court of Chancery · 1832
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Collomb v. . CaldwellNew York Court of Appeals · 1857
3Cited by7 opinions
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Wilcoxon v. AnnesleyIndiana Supreme Court · 1864
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- G. Chophard & Son v. T. W. Bayard & Co.Supreme Court of Minnesota · 1860
- Stout v. WatsonOregon Supreme Court · 1890
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