Legal Opinion

McHenry v. Nygaard

Supreme Court of Minnesota

Decided April 22, 1898No. Nos. 10,871-(276)PublishedCited by 10 opinions

Appeal by defendant in an action of ejectment brought against him by Edwin H. McHenry and another, as receivers of the Northern Pacific Railroad Company, from an order of the district court for Otter Tail county, Baxter, J., overruling his demurrer to the complaint.

1Opinion of the CourtMitchell, J.

This was an action of ejectment. The defendant demurred to the complaint on the grounds, (1) that the court had no jurisdiction of the subject of the action; (2) that the complaint did not state a cause of action. From an order overruling the demurrer, the defendant appealed.

The complaint is very voluminous, but all the facts that can be at *8all material under any view of the case may be briefly stated as follows:

July 2, 1864, congress passed what is known as the “Northern Pacific Land Grant Act,” covering what are known as the “granted limits” and the “first indemnity limits” of the road. May…

2Cases cited9 opinions

  1. Moore v. RobbinsSupreme Court of the United States · 1878
  2. Marquez v. FrisbieSupreme Court of the United States · 1879
  3. St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
  4. Orchard v. AlexanderSupreme Court of the United States · 1895
  5. Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. St. Paul, Minneapolis & Manitoba Railway Co. v. OlsonSupreme Court of Minnesota · 1902
  2. Frazee v. PiperWashington Supreme Court · 1908
  3. Curry v. Sandusky Fish Co.Supreme Court of Minnesota · 1903
  4. Sawyer v. GrayDistrict Court, W.D. Washington · 1913
  5. Matthews v. O'BrienSupreme Court of Minnesota · 1901

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API