Walsh v. Byrnes
Supreme Court of Minnesota
The plaintiff, as receiver appointed in proceedings supplementary to an execution, brought this action in the district court for Henne-pin county, to set aside certain conveyances alleged to have been made by the judgment debtor to the defendant Byrnes to defraud creditors. Defendants appeal from an order by Lochren, ■!., overruling their demurrer to the complaint.
1Opinion of the CourtVanderburgh, J.
The only ground of demurrer in this ease is that the complaint fails to state facts sufficient to constitute a cause ■ of action.
1. It is claimed that the complaint is insufficient because the facts establishing the jurisdiction of the court to appoint the plaintiff receiver are not more fully stated, and that his authority to bring the .action does not appear. This objection is not tenable, under the present demurrer. To enable the defendants to raise this point, they ought to have specified therein the further ground that the plaintiff has not a legal capacity to sue. Viburt v. Frost, 3…
2Cases cited8 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Dewey v. . MoyerNew York Court of Appeals · 1878
- King v. WilcoxNew York Court of Chancery · 1845
- Day v. CooleyMassachusetts Supreme Judicial Court · 1875
- Viburt v. FrostThe Superior Court of New York City · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Williams v. KemperSupreme Court of Minnesota · 1906
- Disbrow v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1910
- McCord v. KnowltonSupreme Court of Minnesota · 1900
- Fullington v. Northwestern Importers' & Breeders' Ass'nSupreme Court of Minnesota · 1892
8 more not listed; retrieve them via the Exa API.