Myren v. Larson
This text of 130 N.W. 1134 (Myren v. Larson) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This action came to this court from a judgment entered in the district court of McLean county for dismissal, with costs, entered upon the exclusion of testimony on the theory that the complaint did not state a cause of action.
On hearing in this court, counsel for defendant concedes the action of the court to have been error, and an inspection of the complaint convinces us of its sufficiency, and that the action of the court in sustaining defendant’s demurrer to evidence offered on the ground stated was improper. Accordingly, the judgment entered is ordered set aside, that trial on the merits under the complaint may be had. It is so ordered.
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Cite This Page — Counsel Stack
130 N.W. 1134, 21 N.D. 410, 1911 N.D. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myren-v-larson-nd-1911.