Chicago, Milwaukee & St. Paul Railway Co. v. Durant
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining the separate demurrers of the defendants Edward W. Durant, Roscoe F. Hersey, Joseph C. O’Gorman, as receiver of Seymour, Sabin & Co., (a corporation,) Ernest L. Hospes, Isaac Staples, and the Union Depot, Street Railway & Transfer Co., to the plaintiff’s complaint.
1Opinion of the CourtVanderburgh, J.
The demurrers to the complaint interposed in behalf of defendants Durant, Hospes, Iiersey, Staples, the Union Depot Company, and O’Gorman, receiver, were sustained by the trial court, and the complaint held sufficient as to the other defendants. From the order sustaining the demurrer the plaintiff appeals, and the principal question presented for our determination is whether the complaint states a cause of action in respect to the defendants above named. Generally, in equitable actions of this kind, the merits can be best determined upon proofs after answer; but we will examine and consider…
2Cases cited1 opinion
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by4 opinions
- Merritz v. CircelliSupreme Court of Pennsylvania · 1949
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Gaustad v. City of EnderlinNorth Dakota Supreme Court · 1912
- Friede v. PoolSupreme Court of Minnesota · 1944