Ligget v. Himle

Supreme Court of Minnesota

Ligget v. Himle

38 N.W. 201, 38 Minn. 421, 1888 Minn. LEXIS 418

DecidedMay 15, 1888

StatusPublished

This text of 38 N.W. 201 (Ligget v. Himle) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ligget v. Himle, 38 N.W. 201, 38 Minn. 421, 1888 Minn. LEXIS 418 (Mich. 1888).

Pincite

Opinion

Collins, J.

The only question presented upon this appeal is the sufficiency of the complaint as against a general demurrer. It states facts sufficient to constitute a cause of action.

1. The thoroughly-settled principles stated in the paragraphs numbered 2, 3, and 6 of the opinion of this court in Geib v. Reynolds, 35 Minn. 331, (28 N. W. Rep. 923,) all of which are very nearly elementary, are applicable and decisive here.

2. The bearing of the statutes of Dakota territory upon the rights of these parties cannot be considered at this stage of the litigation, as they are not pleaded, and, of course, not proved, upon the trial of an issue of law only.

Order affirmed.

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