Legal Opinion

Loomis v. Youle

Supreme Court of Minnesota

Decided January 15, 1854PublishedCited by 2 opinions

This action was brought in the County of Chisago, to recover the possession of certain personal property. The complaint alleges that in June, 1852, the Defendant wrongfully took and detained from the Plaintiff the property in suit, which was of the value of two hundred dollars. The 'answer denies property in the Plaintiff, and asserts it to have been in a third person.

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This action was brought in the County of Chisago, to recover the possession of certain personal property. The complaint alleges that in June, 1852, the Defendant wrongfully took and detained from the Plaintiff the property in suit, which was of the value of two hundred dollars. The 'answer denies property in the Plaintiff, and asserts it to have been in a third person. It is further alleged that the logs in suit wore taken and held by the Defendant as Sheriff of St. Croix County, Wisconsin, under an execution issued upon a a judgment against the party in whom the ownership of the property is…

1Opinion of the Court

*177 By the Gourt

Chateield, J.

In this case, the Plaintiff’s ■demurrer to the Defendant’s answer was overruled, and judgment rendered thereon in favor of the Defendant.

The rule that a demurrer puts to the test of leading sufficiency all prior pleadings in the cause, is retained, and to be applied under our present system, though the rules by which such sufficiency is to be determined are in several respects changed. The former strictness and nicety of form are very much relaxed, but every material and necessary substance of the pleading is rigidly required to be directly and plainly stated.

If the…

2Cases cited3 opinions

  1. Rogers v. ArnoldNew York Supreme Court · 1834
  2. Prosser v. WoodwardNew York Supreme Court · 1839
  3. Harrison v. M'IntoshNew York Supreme Court · 1806

3Cited by2 opinions

  1. Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
  2. Lockwood v. BigelowSupreme Court of Minnesota · 1865

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