Kann v. Wausau Abrasives Co.

A demurrer in equitable proceedings does not differ essentially from a demurrer in an action at law. It "admits the truth of the facts stated in the bill, so far as they are relevant and are well pleaded” (Craft v. Thompson, 51 N. H. 536, 540), but insists that, upon the facts so stated, the plaintiff is not entitled to equitable relief.

The material allegations of the bill in the present case are as follows:

The defendant is a Wisconsin corporation engaged in the manufacture of abrasive papers, cloths, and grinding discs, and in connection with its business it owns and operates a garnet mine…