Stevens v. Lycan & Co.

Knutson, Justice.

This is an appeal from an order denying a motion of defendants William Olson and James Deneen for dismissal of the action as to them on the ground that the complaint fails to state facts upon which relief may be granted against them. The trial court treated the motion as one for summary judgment and certified the question presented as important and doubtful. We shall so treat it, and, as such, it is appealable.

For the purposes of this appeal, the facts alleged in the complaint must be taken as true. They may be briefly stated as follows: Bemidji is a city operating under a…