Wetherby v. Weaver
Supreme Court of Minnesota
Appeal by T. R. Eoley, one of the defendants, from an order of the District Court of Crow Wing County, Holland, J., made August 28, 1891, overruling his demurrer to the complaint. This action was brought by George Wetherby, J. N. True, and J. H. Warner, partners as Wetherby, True & Warner, against L. E. Weaver and T. R. Eoley. The complaint alleged that the plaintiffs were partners doing business as attorneys at law.
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Appeal by T. R. Eoley, one of the defendants, from an order of the District Court of Crow Wing County, Holland, J., made August 28, 1891, overruling his demurrer to the complaint. This action was brought by George Wetherby, J. N. True, and J. H. Warner, partners as Wetherby, True & Warner, against L. E. Weaver and T. R. Eoley. The complaint alleged that the plaintiffs were partners doing business as attorneys at law. That in March, 1890, the defendant T. R. Foley and one J. W.Ryan entered into a written contract, by which Ryan agreed to drive and raft two million feet of pine logs owned by…
1Opinion of the Court
Peii Curiam.
If it were possible to hold that the complaint in this action is not demurrable, it ought, at least, to be subjected to a corrective process, which would put it into shape, so that the court, as well as the defendants, might know what the cause of action is upon which plaintiffs attempt to recover. While it contains an allegation that plaintiffs, as attorneys, were to have a lien for their services “on all judgments, rights, moneys, and properties recovered on account of said indebtedness due said manual laborers,”- yet, in *75view of the further allegation that this was…
2Cases cited1 opinion
- State ex rel. Miller v. BruceSupreme Court of Minnesota · 1892
3Cited by1 opinion
- Peterson v. StrubyIndiana Court of Appeals · 1900