City of Lamoure v. Lasell
North Dakota Supreme Court
Appeal from an order of tbe District Court of LaMoure County overruling a demurrer to plaintiffs’ complaint. seeking to determine the rights of the city and other parties in the streets, alleys, and parks of a portion of Northern Pacific addition to the city of LalVIonre, and to enjoin the defendants from obstructing, closing, and otherwise interfering with the streets, alleys, etc., in such addition, Hon. J. A. Coffey, J. The demurrer of the defendants should have been…
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Appeal from an order of tbe District Court of LaMoure County overruling a demurrer to plaintiffs’ complaint. seeking to determine the rights of the city and other parties in the streets, alleys, and parks of a portion of Northern Pacific addition to the city of LalVIonre, and to enjoin the defendants from obstructing, closing, and otherwise interfering with the streets, alleys, etc., in such addition, Hon. J. A. Coffey, J. The demurrer of the defendants should have been sustained. The test as to whether a complaint can resist attack by demurrer is whether the demurring party could admit all…
1Opinion of the Court
SpaudiNG, Ob. J.
The appeal in this case is from an order overruling a general demurrer to plaintiff’s complaint, and is taken by two of the defendants, M. C. Lasell and Deitrich Suemper. We only give the material parts of the complaint, omitting the allegations relating to defendants who do not appeal, and which allegations in no way affect the remaining paragraphs of the complaint.
It is alleged first, that the city of LaMoure is a municipal corporation under the laws of the state of North Dakota. Paragraph 3 alleges that the plaintiff Finch is a resident citizen, elector and taxpayer of the…
2Cases cited6 opinions
- Village of Lee v. HarrisIllinois Supreme Court · 1903
- Weber v. LewisNorth Dakota Supreme Court · 1910
- Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
- Chrisman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1904
- City of California v. HowardSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ramstad v. CarrNorth Dakota Supreme Court · 1915
- State Bank of Burleigh County Trust Co. v. City of BismarckNorth Dakota Supreme Court · 1982
- Eisenzimmer v. City of BalfourNorth Dakota Supreme Court · 1984
- McGurren v. City of FargoNorth Dakota Supreme Court · 1954
- Roethke v. North Dakota Taxpayers Asso.North Dakota Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.