State ex rel. Hathorn v. United States Express Co.
Supreme Court of Minnesota
Appeal by relator from an order of the district court for Hennepin •county, Simpson, J., denying a motion for judgment upon the pleadings •and denying a peremptory writ of mandamus, which order was stipulated to be in effect an order overruling a demurrer to the amended return of defendant to an alternative writ.
1Opinion of the Court
JAGGARD, J.2
An alternative writ of mandamus to defendant, respondent herein, was issued by the district court of Hennepin county, upon petition of relator, Hathorn, the appellant herein. Upon the hearing, the relator moved for judgment on the pleadings and for a peremptory writ. The motion was denied. Thereupon counsel stipulated in writing that the ■order to that effect should be construed upon appeal as one overruling a demurrer to defendant’s amended return.
The defendant express company, respondent, conducts offices in Minneapolis, and has adequate equipment for receiving, carrying, and…
2Cases cited42 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Public Clearing House v. CoyneSupreme Court of the United States · 1904
- LIFE AND FIRE INS. COMPANY OF NEW YORK v. Wilson's HeirsSupreme Court of the United States · 1834
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- Horner v. United StatesSupreme Court of the United States · 1893
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3Cited by19 opinions
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- Nationwide Corp. v. Northwestern National Life InsuranceSupreme Court of Minnesota · 1958
- State Ex Rel. Boldt v. St. Cloud Milk Producers' Assn.Supreme Court of Minnesota · 1937
- State Ex Rel. Cross v. Board of Land CommissionersWyoming Supreme Court · 1936
- State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910
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