Adams v. Corriston
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE NICOLLET COUNTY. I. — The Court below erred in overruling the Defendant’s (now Plaintiff in Error) motion for judgment upon the pleadings, (the complaint.) 1. Because the complaint contains no cause of action, and does not show that either law or justice has been violated. 2. The complaint also does not allege or set up that either the taking or detention of the timber was wrongful or tor-tious or unlawful, or in any manner obnoxious to law or…
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ERROR TO THE DISTRICT COURT OE NICOLLET COUNTY. I. — The Court below erred in overruling the Defendant’s (now Plaintiff in Error) motion for judgment upon the pleadings, (the complaint.) 1. Because the complaint contains no cause of action, and does not show that either law or justice has been violated. 2. The complaint also does not allege or set up that either the taking or detention of the timber was wrongful or tor-tious or unlawful, or in any manner obnoxious to law or justice. Chit, on PI., 162, {sidepage);3 Black., 146, {sidepage); 2 Chit on PI., 843; 2 MonelVs Prae., 278/ Howe’s Prae,…
1Opinion of the Court
By the Court
Emmett, C. J.
This action was commenced before a Justice of the Peace, from whose judgment therein an appeal was taken to the District Court, where pleadings were filed anew.
The complaint alleges that the Plaintiff (Defendant in Error) on or about a day therein named, owned and possessed certain timber of the value oí fifty dollars ; and that the Defendants afterwards, aird on or about the same day, took and carried the said timber away,-and detains it against sureties and pledges, to the damage of the Plaintiff in the sum of fifty dollars, besides the value of the property.…
2Cited by31 opinions
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- Knee v. Baltimore City Passenger Ry. Co.Court of Appeals of Maryland · 1898
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