Armstrong v. Hinds
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OS' SCOTT COÜNTT. Points and Authorities of Appellant. 1. Several causes of action have been improperly united in the complaint, to wit: a cause of aetion for the recovery of the premises therein described, is united with a cause of action for the occupation of the same premises. II.
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ERROR TO THE DISTRICT COURT OS' SCOTT COÜNTT. Points and Authorities of Appellant. 1. Several causes of action have been improperly united in the complaint, to wit: a cause of aetion for the recovery of the premises therein described, is united with a cause of action for the occupation of the same premises. II. The complaint does not state facts sufficient to constitute a cause of action. 1. The complaint does not state that the Plaintiff is pos-seesed or seized of said premises in fee, or that he is the owner of the same. 2. The complaint does not state the traversable facts essential in an…
1Opinion of the Court
*256 By the Court.
Atwater, J.
This was an action to recover possession of real estate, and the value of the occupation ’ of the same by Defendant. The Defendant demurred to the complaint, the demurrer was overruled, and Defendant appealed to this Court.
The first ground of demurrer specified is, that several causes of action have been improperly united in the complaint, to wit: a cause of action for the recovery of the premises therein described, is united with a cause of action for the occupation of the same premises.
This ground of demurrer I think not well taken. Sub. 1, of sec. 83, Comp. Stat,…
2Cases cited1 opinion
- McClane v. WhiteSupreme Court of Minnesota · 1861
3Cited by3 opinions
- Miller v. HobergSupreme Court of Minnesota · 1875
- Rodman v. DavisSupreme Court of Oklahoma · 1912
- Holmes v. WilliamsSupreme Court of Minnesota · 1870