Foerster v. Kirkpatrick & Rex
Supreme Court of Minnesota
Tbis was a writ of Error _ to tbe District Court of Bamsey County. Tbe issues in tbis Court are presented in tbe Opinion. [Tbe points and authorities of tbe Plaintiffs'Tn Error are not on file.] Tbe following are tbe points and authorities relied on by tbe Defendants in Error. Tbe Court below erred in overruling the Defendants’ demurrer to tbe Plaintiffs’ complaint and in entering j ndgment therein in that, First.
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Tbis was a writ of Error _ to tbe District Court of Bamsey County. Tbe issues in tbis Court are presented in tbe Opinion. [Tbe points and authorities of tbe Plaintiffs'Tn Error are not on file.] Tbe following are tbe points and authorities relied on by tbe Defendants in Error. Tbe Court below erred in overruling the Defendants’ demurrer to tbe Plaintiffs’ complaint and in entering j ndgment therein in that, First. Tbe said complaint did not and does not state facts. sufficient to constitute" a cause of action: 1. Because there is no averment in said Complaint that tbe Plaintiffs below were…
1Opinion of the Court
By the Court.
I. Atwater, J.
This Case comes before the Court on "Writ of Error issued to the District Court of Eamsey County upon a judgment rendered in that Court upon Demurrer to the Complaint. The complaint is as follows: “The complaint of the above named Plaintiffs respectfully shows to this Court, thift the above named Defendants are indebted to them in the sum of seven hundred and sixty-three dollars and twelve cents ($763 12-100) together with interest thereon from the sixteenth day of July, A. D. 1857, on account for goods, wares and merchandize sold and delivered by the Plaintiffs to…
2Cited by5 opinions
- Distler v. DabneyWashington Supreme Court · 1891
- Holgate v. BroomeSupreme Court of Minnesota · 1863
- Jaeger v. HartmanSupreme Court of Minnesota · 1868
- Busta v. WardallSouth Dakota Supreme Court · 1892
- Weber v. LewisNorth Dakota Supreme Court · 1910