Gilbertson v. McCarthy

SCOTT, District Judge.

An appeal from a judgment of the United States District *666Court for the District of Minnesota, sustaining a demurrer to the petition and dismissing the cause, on the ground that the petition does not state facts sufficient to constitute a cause of action.

The petition, denominated “Amended Complaint,” when stripped of unnecessary-verbiage, discloses the following allegations:

That James H. McCarthy died testate on or about the 1st day of August, 1925, a resident of the state of Minnesota. That at the time of his death he was a stockholder in and possessed nine shares, of the…