Kozasa v. Northern Pacific Railway Co.
Montana Supreme Court
Appeals from District Court, Sanders County; Asa L. Duncan, Judge. Action by K. Kozasa against tbe Northern Pacific Railway Company and another. Judgment for plaintiff and defendants appeal from it and from an order overruling their motion for a new trial. The court erred in overruling defendants’ demurrer to the second cause of action. It contains no allegation of facts to. show what the alleged acts of coercion, threats and intimidation consisted of.
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Appeals from District Court, Sanders County; Asa L. Duncan, Judge. Action by K. Kozasa against tbe Northern Pacific Railway Company and another. Judgment for plaintiff and defendants appeal from it and from an order overruling their motion for a new trial. The court erred in overruling defendants’ demurrer to the second cause of action. It contains no allegation of facts to. show what the alleged acts of coercion, threats and intimidation consisted of. It pleads nothing but conclusions. In ■ Kraemer v. Deustermann, 37 Minn. 469, 35 N. W. 276, it was held that a complaint alleging “that the…
1Opinion of the CourtJustice Holloway
The complaint in this action consists of three paragraphs. [1, 2] In paragraph 1 it is alleged that the defendant railway company is a corporation organized under the laws of Wisconsin, and doing business in Sanders County, Montana. Paragraph 2 reads as follows: “That on or about the twenty-seventh day of October, 1917, the defendants above named, by coercion, threats, and intimidation and by putting plaintiff in fear, did extort from plaintiff property and money of the worth and value of $829.75.” In paragraph 3 it is alleged that since October 27, 1917, defendants have wrongfully detained…
2Cases cited4 opinions
- Kamenitsky v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1917
- Hanford Gas & Power Co. v. City of HanfordCalifornia Supreme Court · 1912
- Kraemer v. DeustermannSupreme Court of Minnesota · 1887
- Grant v. WilliamsMontana Supreme Court · 1918
3Cited by7 opinions
- Johnson v. JohnsonMontana Supreme Court · 1932
- Story Gold Dredging Co. v. WilsonMontana Supreme Court · 1935
- Ritchie v. Northern Pac. Ry. Co.Montana Supreme Court · 1954
- Cook v. GalenMontana Supreme Court · 1928
- State Ex Rel. King v. SmithMontana Supreme Court · 1934
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