Legal Opinion

Apelt v. Melin

Supreme Court of Minnesota

Decided November 9, 1917No. , 20,506PublishedCited by 2 opinions

Action in the district court for Hennepin county to recover $100 upon a promissory note. From an order, Hale, J., granting the motion of plaintiff to strike out from the records the counterclaim interposed by them, defendants appealed.

1Opinion of the Court

Dibell, C.

This is an appeal by the defendants from an order striking out their counterclaim.

The action is on a promissory' note. The defendants answered and interposed a counterclaim. The plaintiff demurred to the counterclaim upon the ground of insufficiency of facts. Upon the application of the plaintiff the counterclaim was stricken. No application is on file and the ground of it does not appear. We assume that it was upon the ground that the cause of action stated was not a proper subject of counterclaim and therefore irrelevant. There is some 'authority for a motion to strike out in such…

2Cases cited7 opinions

  1. Campbell v. JonesSupreme Court of Minnesota · 1878
  2. Clay County Land Co. v. AlcoxSupreme Court of Minnesota · 1902
  3. Crosby v. Scott-Graff Lumber Co.Supreme Court of Minnesota · 1904
  4. American Exchange Bank v. DavidsonSupreme Court of Minnesota · 1897
  5. Little v. SimondsSupreme Court of Minnesota · 1891

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

3Cited by2 opinions

  1. Bryant v. GustafsonSupreme Court of Minnesota · 1950
  2. Lambertson v. WestermanSupreme Court of Minnesota · 1937

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