Aetna Insurance v. Swift
Supreme Court of Minnesota
A. judgment in this action was entered in the District Court for Ramsey County, in favor of tbe defendants, Henry A. •Swift and John B. Sanborn; a motion was made by plaintiff to set aside and vacate the judgment, and for leave to amend tbe complaint; tbe Court denied tbe motion, and from tbe order denying tbe same, tbe plaintiff appeals to tbis Court. Tbe case is fully stated in tbe opinion of tbe Court.
1Opinion of the Court
By the Qowrt
McMillan, J.
Tbis is an appeal from an order denying a motion to vacate and set aside tbe judgment, and for leave to amend tbe complaint in tbis action. The facts are these. Tbe defendant Sanborn interposed a demurrer to the complaint, which by subsequent stipulation was to be considered as interposed by both defendants, and tbe decision on tbe demurrer to be considered as if upon demurrer of both defendants. Hpon this demurrer tbe cause, after argument, was submitted to the Court, and on tbe 14th of August, 1866, a written decision was made by the judge, that an order be entered…
2Cases cited3 opinions
- Talman v. BarnesNew York Supreme Court · 1834
- Ex parte CrosbyNew York Supreme Court · 1828
- Hawke v. DeuelSupreme Court of Minnesota · 1858
3Cited by5 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- State, ex rel. Shenk v. LungIndiana Supreme Court · 1907
- Ludlow v. City of NorfolkSupreme Court of Virginia · 1891
- Tucker v. SandridgeSupreme Court of Virginia · 1886
- Will of Corse v. Manufacturers National Bank of RacineWisconsin Supreme Court · 1928