Exley v. Berryhill
Supreme Court of Minnesota
The plaintiffs brought this action in the district court for Bámsey •county, to obtain the cancellation of certain deeds and mortgages held by the defendants, and for an accounting of moneys advanced by the defendant Berryhill to the plaintiffs and of moneys received by defendant Berryhill from, or for the account of, the plaintiffs.
Read the full summary
The plaintiffs brought this action in the district court for Bámsey •county, to obtain the cancellation of certain deeds and mortgages held by the defendants, and for an accounting of moneys advanced by the defendant Berryhill to the plaintiffs and of moneys received by defendant Berryhill from, or for the account of, the plaintiffs. On March 27,1886, upon leave of the court, the plaintiffs filed and served .an amended complaint, and upon April 10, 1886, filed and served a .supplemental complaint. Thereupon the defendant Berryhill moved that the complaint be required to be amended by striking…
1Opinion of the CourtVanderburgh, J.
This case involves three appeals:
1. An appeal by defendants from an order denying their motion to strike out one or more causes of' action set up in the complaint, on the ground that the pleading was double. This objection is not that there is a misjoinder of several causes of action, which constitutes a special ground of demurrer under Gen. St. 1878, c. 66, § 92, but the motion is made under section 107, same chapter, to require the pleading to be corrected by striking out certain portions thereof for irregularity or informality in the statement of the causes of action. Bliss, Code PL § 290.…
2Cases cited4 opinions
- Hostetter v. AlexanderSupreme Court of Minnesota · 1876
- McCall v. . McCallNew York Court of Appeals · 1874
- Whitacre v. CulverSupreme Court of Minnesota · 1864
- Rice v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1878
3Cited by10 opinions
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- In re McCallCourt of Appeals for the Sixth Circuit · 1906
- Ferguson v. JensenNorth Dakota Supreme Court · 1949
- Lowe v. NixonSupreme Court of Minnesota · 1927
- Backstrom v. New York Life Insurance Co.Supreme Court of Minnesota · 1932
5 more not listed; retrieve them via the Exa API.