Legal Opinion

Svanburg v. Fosseen

Supreme Court of Minnesota

Decided January 25, 1899No. Nos. 11,353—(220)PublishedCited by 54 opinions

Appeal by defendant, as executor of tbe will of James Fosseen, deceased, from an order of tbe district court for Hennepin county, Harrison, J., overruling a demurrer to tbe complaint. Plaintiff is barred by the decision of tbe probate court upon tbe validity of tbe will.

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Appeal by defendant, as executor of tbe will of James Fosseen, deceased, from an order of tbe district court for Hennepin county, Harrison, J., overruling a demurrer to tbe complaint. Plaintiff is barred by the decision of tbe probate court upon tbe validity of tbe will. State v. McG-lynn, 20 Cal. 234; Deslonde v. Barrington’s Heirs, 29 Ala. 92, 95; Bogardus v. Clark, 4 Paige, 623; Woodruff v. Taylor, 20 Vt. 65; Ballow v. Hudson, 13 Grat. 672, 682; Tompkins v. Tompkins, 1 Story, 547, 557; Broderick’s Will, 21 Wall. 503; 3 Eedfield, Wills, 56. Tbe alleged agreements are within the statute of…

1Opinion of the CourtBuck, J.

Appeal by defendant from an order overruling a demurrer to plaintiff’s complaint. The grounds of the demurrer are: First, that the court has not jurisdiction of the subject-matter of the causes of action therein stated; second, that the complaint does not state facts sufficient to constitute a cause of action.

The facts stated in the complaint and admitted by the demurrer are as follows: The plaintiff, whose maiden name was Caroline H. Hanson, when a year and a half old, with two sisters under six years of age, came, with their father, from Europe to America, to live with their uncle and aunt,…

2Cases cited16 opinions

  1. Swain v. SeamansSupreme Court of the United States · 1870
  2. Sharkey v. McDermottSupreme Court of Missouri · 1887
  3. Kofka v. RosickyNebraska Supreme Court · 1894
  4. Sutton v. HaydenSupreme Court of Missouri · 1876
  5. Wright v. WrightMichigan Supreme Court · 1894

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3Cited by54 opinions

  1. Anderson v. AndersonSupreme Court of Kansas · 1907
  2. McCabe v. HealyCalifornia Supreme Court · 1902
  3. Teske v. DittbernerNebraska Supreme Court · 1903
  4. Bouten v. Richard Miller Homes, Inc.Supreme Court of Minnesota · 1982
  5. Odenbreit v. UtheimSupreme Court of Minnesota · 1915

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

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