Starbuck v. Dunklee
Supreme Court of Minnesota
The complaint in this . action alleges the making of a contract on the 5th of December, 1863, between the plaintiff and defendant, by which the defendant, in consideration of $625 theretofore paid to him by plaintiff, agreed to transport and convey 350 cords of wood then owned by plaintiff — about 150 cords from Chaska, and 200 cords from Carver, in the State of Minnesota, and to deliver the same to plaintiff at St. Paul, on or before the 1st July, 1864, without any other…
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The complaint in this . action alleges the making of a contract on the 5th of December, 1863, between the plaintiff and defendant, by which the defendant, in consideration of $625 theretofore paid to him by plaintiff, agreed to transport and convey 350 cords of wood then owned by plaintiff — about 150 cords from Chaska, and 200 cords from Carver, in the State of Minnesota, and to deliver the same to plaintiff at St. Paul, on or before the 1st July, 1864, without any other charge, cost or expense to the plaintiff for freight or wharfage. That the defendant in April, May and June, 1864,…
1Opinion of the Court
By the Court —
Berry, J. —
This is an appeal from an order striking out certain portions of the defendant’s answer. A preliminary motion was made to dismiss the appeal on the ground that it does not lie from an order of this character. The motion must be denied.
Subdivision 3, section 1, page 133, Laics 1861, gives a right'of appeal “from an order involving the merits of the action or some parts thereof.” The order striking out determines that certain portions of the defence set up are insufficient as stated. If what was stricken out constituted a meritorious defence and was necessary to be…
2Cited by9 opinions
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- Conner v. BaxterSupreme Court of Iowa · 1904
- Crites, Adm'x v. City of MiamiSupreme Court of Oklahoma · 1920
- Kingsley v. GilmanSupreme Court of Minnesota · 1867
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