State v. McGuire
Supreme Court of Minnesota
Appeal by defendant McGuire from an order of the district court for Ramsey county, Vilas, J., presiding, striking out his demurrer to the complaint. The other defendants appeal from an order overruling their demurrer.
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Appeal by defendant McGuire from an order of the district court for Ramsey county, Vilas, J., presiding, striking out his demurrer to the complaint. The other defendants appeal from an order overruling their demurrer. The complaint, after reciting the indictment of the defendant Maride and his arraignment, alleged “that thereafter, on the 9th day of October, A. D. 1888, the said defendant Markle duly appeared in and before said court during a general session or term thereof, and duly entered into a recognizance in open court with four sureties,” (naming the defendants, and describing the…
1Opinion of the CourtMitchell, J.
This is an action on a recognizance in a' criminal case, entered into in open court by the appellants, as sureties, with one Maride, as principal. All of the appellants joined in a demurrer to the complaint on the ground that it did not state a cause of action. The issue of law on this demurrer was, as to all the appellants except McGuire, brought on for hearing March 30,1889, and the demurrer was, as to them, overruled, with leave to answer in 20 days, on condition that they pay $10 costs, and that the cause be placed on the ensuing May term calendar of the court. On April 20, 1889, on…
2Cited by2 opinions
- In re ShetskySupreme Court of Minnesota · 1953
- Baker v. TaylorSupreme Court of Minnesota · 1893