Wiley v. Board of Education
Supreme Court of Minnesota
Tbis is an appeal from an order of tbe District Court for Hennepin county, overruling a demurrer to tbe complaint. The suit was brought to recover tbe principal and interest due upon three bonds alleged to bave been executed by tbe defendant to one Ivory F. Woodman, under an act of tbe Legislature entitled “ An act authorizing the board of education of the town of Minneapolis to borrow money,” approved August 11, 1858, and to have been sold and transferred to plaintiffs, for…
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Tbis is an appeal from an order of tbe District Court for Hennepin county, overruling a demurrer to tbe complaint. The suit was brought to recover tbe principal and interest due upon three bonds alleged to bave been executed by tbe defendant to one Ivory F. Woodman, under an act of tbe Legislature entitled “ An act authorizing the board of education of the town of Minneapolis to borrow money,” approved August 11, 1858, and to have been sold and transferred to plaintiffs, for value, before maturity. The specific objections to the complaint raised by the demurrer are : First — “ Because it does…
1Opinion of the Court
*378 By the Gowrt
McMillan, J.
This case comes up ou an appeal from an order overruling a demurrer to the complaint. The allegations in the complaint as to the election ordered, and the notices thereof, and the holding the election, we think, are sufficient; they are conclusions oí fact, or at least are not such purely legal conclusions as to be objectionable in pleading. People ex rel. Crane v. Ryan, 2 Kernan, 434. The object of the Legislature in the act approved August 11, 1858, under which the defendant proceeded in issuing the bonds in question, was to enable the district to pay off its then…
2Cases cited3 opinions
- Jaques v. ToddNew York Supreme Court · 1829
- Reynolds' Heirs v. Trustees of Glasgow AcademyCourt of Appeals of Kentucky · 1837
- Nininger v. Board of County CommissionersSupreme Court of Minnesota · 1865
3Cited by2 opinions
- Washington-Oregon Corp. v. City of ChehalisWashington Supreme Court · 1913
- School District No. 176 v. SanfordWashington Supreme Court · 1922