Legal Opinion

Noon v. Finnegan

Supreme Court of Minnesota

Decided September 5, 1882PublishedCited by 18 opinions

Appeal by plaintiff from a judgment of the district court for Hen-nepin county, entered on an order made by Young, J., dismissing the action with costs, on the ground that the complaint does not state facts sufficient to constitute a cause of action. The material defects of the complaint are stated in the opinion. cited Gen. St. 1878, c. 77, § 5; c. 52, § 5; Miller v. Hoberg, 22 Minn. 249; Cunningham v. Ashley, 45 Cal. 485; Babcocks.

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Appeal by plaintiff from a judgment of the district court for Hen-nepin county, entered on an order made by Young, J., dismissing the action with costs, on the ground that the complaint does not state facts sufficient to constitute a cause of action. The material defects of the complaint are stated in the opinion. cited Gen. St. 1878, c. 77, § 5; c. 52, § 5; Miller v. Hoberg, 22 Minn. 249; Cunningham v. Ashley, 45 Cal. 485; Babcocks. Booth, 2 Hill, 181; Valentine -v. Jackson, 9 Wend., 302; Woodivard v. IToward, 13 Wis. 557.; Knox v. Bigelow, 15 Wis. 415; Ilei v. Heller, 53 Wis. 415;…

1Opinion of the Court

Mitchell, JV

This action was brought by plaintiff, as adminis-tratrix of the estate of John Noon, deceased, to recover damages for trespass committed upon the real estate of her intestate subsequent to his decease. The complaint does not allege that plaintiff has ever asserted her right as administratrix by taking possession of the real estate of the intestate. Neither does it allege that the heirs have not gone into possession, nor that the land is vacant or unoccupied. The action was, on motion of-defendant, dismissed on the pleadings, and from the judgment entered thereon plaintiff appeals.…

2Cases cited9 opinions

  1. Streeter v. PatonMichigan Supreme Court · 1859
  2. Jones v. BillsteinWisconsin Supreme Court · 1871
  3. Hersey v. Board of SupervisorsWisconsin Supreme Court · 1862
  4. Campau v. CampauMichigan Supreme Court · 1869
  5. State ex rel. Beals v. Probate CourtSupreme Court of Minnesota · 1878

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

3Cited by18 opinions

  1. Sloggy v. DilworthSupreme Court of Minnesota · 1888
  2. Hill v. TownleySupreme Court of Minnesota · 1891
  3. Bowen v. WillardSupreme Court of Minnesota · 1938
  4. Clark v. BundyOregon Supreme Court · 1896
  5. Belakjon v. HilstadNorth Dakota Supreme Court · 1949

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

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